Florida Statutes
Fla. Stat. § 316.1936 (2025)
Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.—
(1) As used in this section, the term:
(a) “Open container” means any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken.
(b) “Road” means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith.
(2)(a) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state.
(b) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while seated in or on a motor vehicle that is parked or stopped within a road as defined in this section. Notwithstanding the prohibition contained in this section, passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation and in motor homes are exempt.
(3) An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle.
(4) An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger.
(5) This section shall not apply to:
(a) A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322;
(b) A passenger of a bus in which the driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322; or
(c) A passenger of a self-contained motor home which is in excess of 21 feet in length.
(6) Any operator of a vehicle who violates this section is guilty of a noncriminal moving traffic violation, punishable as provided in chapter 318. A passenger of a vehicle who violates this section is guilty of a nonmoving traffic violation, punishable as provided in chapter 318.
(7) A county or municipality may adopt an ordinance which imposes more stringent restrictions on the possession of alcoholic beverages in vehicles than those imposed by this section.
(8) Nothing in this section prohibits the enforcement of s. 316.302.
History.—s. 1, ch. 88-22; s. 22, ch. 89-282; s. 5, ch. 2000-313; s. 34, ch. 2005-164; s. 2, ch. 2005-250; s. 4, ch. 2021-30.
Civil Citations under F.S. 316.1936
Driver's license points · R = revocation · S = suspension§316.1936OPEN CONTAINER/OR CONSUMPTION of ALCOHOL IN/ON VEHICLE (Driver cited)
§316.1936OPEN CONTAINER/OR CONSUMPTION of ALCOHOL IN/ON VEHICLE (Passenger cited)
§316.1936(2)(a)Possession of open container in motor vehicle (Driver cited)
§316.1936(2)(a)Possession of open container in motor vehicle (Passenger cited)
§316.1936(2)(b)Possession of open container parked vehicle (Driver cited)
§316.1936(2)(b)Possession of open container parked vehicle (Passenger cited)
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1990–2025 · leading case: State v. Smith, 584 So. 2d 145 (Fla. 2d DCA 1991).
State v. Smith, 584 So. 2d 145 (Fla. 2d DCA 1991). “(codified at § 316.1936, Fla. Stat. (Supp. 1988)). The statute became effective October 1, 1988, and makes an open container violation a noncriminal moving traffic violation.”
Sawko v. Sawko, 625 A.2d 692 (Pa. Super. Ct. 1993). “193, or with possession of open containers of alcoholic beverages, Fla.Stat.Ann. § 316.1936. As a result, father invoked his fifth amendment right against self-incrimination.”
Lennear v. State, 784 So. 2d 1181 (Fla. 5th DCA 2001). “This is a violation of section 316.1936 [6] and a lawful traffic stop ensued.”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2013-04, 166 So. 3d 161 (Fla. 2015). “(Defendant), knowing [he] [she] had been directed to stop by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer.”
In Re Stand. Jury Instructions in Crim. Cases—Report 2011-01, 73 So. 3d 136 (Fla. 2011). “(Defendant) was the driver of a vehicle involved in a crash resulting only in damage [to a vehicle] [to property other than a vehicle] which was driven or attended by a person.”
McCullough v. State, 230 So. 3d 586 (Fla. 2d DCA 2017). “§ 316.1936(3)(b). Ás we already explained, to establish the crime of leaving the scene with death, the State need only prove that the defendant left the scene of a crash which resulted in death, without having to prove that an offender caused the death, § 316.”
Logan v. State, 592 So. 2d 295 (Fla. 5th DCA 1991). “(3) An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in possession of a passenger and is not located in a locked glove compartment, locked trunk or other locked nonpassenger area of the vehicle.”
United States v. Smith, 772 F.3d 680 (11th Cir. 2014). “1935 could have described it as relating to “[f]leeing or attempting to elude a law enforcement officer in a motor vehicle.”
Baxter v. Roberts (N.D. Fla. 2021). “The open container was a statutory violation, see Fla. Stat. § 316.1936 , which objectively justified further inquiry, including an order to exit the vehicle.”
Williams v. State of Florida (Fla. 2d DCA 2025). “§ 316.1936(2)(a), Fla. Stat. (2023) ("It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a 36 vehicle…”
Nakia Durham v. Commonwealth of Virginia (Va. Ct. App. 2023). “§ 42-4-1305 ; Fla. Stat. Ann. § 316.1936 ; Ga. Code Ann.”
Stanage v. State, 40 Fla. Supp. 2d 86 (Fla. Cir. Ct. 1990). “*87 The Defendant, Clyde Edward Stanage, appeals his conviction and sentence for violation of §316.1936, Florida Statutes, for being a passenger in a motor vehicle in which there was discovered open containers of alcoholic beverages.”
— 316.1936(2) — 1 case
Logan v. State, 592 So. 2d 295 (Fla. 5th DCA 1991). “(3) An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in possession of a passenger and is not located in a locked glove compartment, locked trunk or other locked nonpassenger area of the vehicle.”
— 316.1936(2)(a) — 2 cases
Lennear v. State, 784 So. 2d 1181 (Fla. 5th DCA 2001). “This is a violation of section 316.1936 [6] and a lawful traffic stop ensued.”
Williams v. State of Florida (Fla. 2d DCA 2025). “§ 316.1936(2)(a), Fla. Stat. (2023) ("It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a 36 vehicle…”
— 316.1936(3)(a) — 1 case
In Re Stand. Jury Instructions in Crim. Cases-report No. 2013-04, 166 So. 3d 161 (Fla. 2015). “(Defendant), knowing [he] [she] had been directed to stop by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer.”
— 316.1936(3)(b) — 1 case
McCullough v. State, 230 So. 3d 586 (Fla. 2d DCA 2017). “§ 316.1936(3)(b). Ás we already explained, to establish the crime of leaving the scene with death, the State need only prove that the defendant left the scene of a crash which resulted in death, without having to prove that an offender caused the death, § 316.”
— 316.1936(4)(b) — 1 case
In Re Stand. Jury Instructions in Crim. Cases—Report 2011-01, 73 So. 3d 136 (Fla. 2011). “(Defendant) was the driver of a vehicle involved in a crash resulting only in damage [to a vehicle] [to property other than a vehicle] which was driven or attended by a person.”
— 316.1936(6) — 1 case
State v. Smith, 584 So. 2d 145 (Fla. 2d DCA 1991). “(codified at § 316.1936, Fla. Stat. (Supp. 1988)). The statute became effective October 1, 1988, and makes an open container violation a noncriminal moving traffic violation.”
— 316.1936(7) — 1 case
State v. Smith, 584 So. 2d 145 (Fla. 2d DCA 1991). “(codified at § 316.1936, Fla. Stat. (Supp. 1988)). The statute became effective October 1, 1988, and makes an open container violation a noncriminal moving traffic violation.”
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