Idaho Code
Idaho Code § 23-505 (2026)
Transportation of alcoholic beverages.
✓ current as of May 2026
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Transportation of alcoholic beverages.
(1) Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcoholic liquor, or drink, or use, or allow to be drunk, or used any alcoholic liquor therein while the same is being transported. Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment.
(2) No person in a motor vehicle, while the vehicle is on a public highway or the right-of-way of a public highway may drink or possess any open beverage containing alcoholic liquor, as defined in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, or wine as defined in section 23-1303, Idaho Code, unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle as that term is defined in section 49-119, Idaho Code. Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle, as defined in section 18-8004, Idaho Code, and an infraction for other individuals violating this section.
Notes of Decisions
Cited in 27
cases (10 in the last 5 years), 1995–2025 · leading case: State v. Rhonda Trusdall, 318 P.3d 955 (Idaho Ct. App. 2014).
State v. Rhonda Trusdall, 318 P.3d 955 (Idaho Ct. App. 2014). “The State appeals from the district court’s appellate decision vacating Rhonda Lee Trusdall’s conditional guilty plea to misdemeanor driving under the influence (DUI), Idaho Code § 18-8004 , and transportation of an alcoholic beverage, I.C. § 23-505. We reverse. I. FACTUAL AND…”
State v. Reyes, 203 P.3d 708 (Idaho Ct. App. 2008). “160 (city ordinance) is unconstitutional because it conflicts with I.C. § 23-505. The Idaho Constitution grants municipalities the “authority to make police regulations not in conflict with the general laws, co-equal with the authority of the legislature to pass general police…”
State v. Weber, 90 P.3d 314 (Idaho 2004). “The motion was denied. Weber entered a conditional plea to the felony DUI charge pursuant to I.”
State v. Wigginton, 125 P.3d 536 (Idaho Ct. App. 2005). “If the officers possessed probable cause to believe that Wigginton’s vehicle contained an open container in violation of Idaho Code § 23-505 , then the warrantless search was permissible.”
State v. Arlyn v. Orr, 335 P.3d 51 (Idaho Ct. App. 2014). “Orr was charged with driving under the influence (DUI), enhanced to a felony because he was previously convicted of felony DUI within fifteen years, Idaho Code §§ 18-8004 (l)(a), 18-8005(9); possession of an open container of alcohol, I.C. § 23-505; and resisting and obstructing…”
State v. Daily, 429 P.3d 1242 (Idaho Ct. App. 2018). “An open container is defined in I.C. § 23-505, which provides, in relevant part: (1) Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcoholic liquor, or drink, or use, or allow to be drunk,…”
State v. Hanson, 949 P.2d 590 (Idaho Ct. App. 1997). “§ 18-8004 (DUI), and with transportation of an open liquor container, I.C. § 23-505. She was found guilty of both charges by a jury.”
State v. Keyes, 563 P.3d 1243 (Idaho Ct. App. 2023). “§ 37-2734A(1), and possession of an open container of alcohol in a motor vehicle I.C. § 23-505. Keyes filed a motion to dismiss the possession of a controlled substance and possession of drug paraphernalia counts pursuant to Idaho’s overdose immunity law, I.”
State v. Reimer, 899 P.2d 427 (Idaho 1995). “Reimer maintains that the officers had no probable cause to believe he had violated the Idaho "open container" statute, I.C. § 23-505, because it only covers open containers that were at one time completely sealed in "original" packaging.”
State v. Ruperd, 202 P.3d 1288 (Idaho Ct. App. 2009). “§ 37-2732(c)(3); and possession of an open container of alcohol, I.C. § 23-505. Ruperd filed a motion to suppress the methamphetamine, drug paraphernalia, mari *743 juana, and open container, arguing that the police lacked reasonable suspicion to conduct the initial stop of his…”
State v. Gary Eugene Fridley (Idaho Ct. App. 2015). “Thus, an officer’s observation of an open container of alcohol in a vehicle provides probable cause to search the passenger compartment of the vehicle for additional open containers of alcohol.”
State v. Nicole Michelle Sciandra (Idaho Ct. App. 2016). “§ 18-705; and (3) was in possession of an open container of beer while the vehicle was on a public highway in violation of I.C. § 23-505. Although the complaint could have alleged more specific facts, it sufficiently alleged the time, place, and person at issue and the words of…”
— Idaho Code § 23-505(1) — 1 case
State v. Gary Eugene Fridley (Idaho Ct. App. 2015). “Thus, an officer’s observation of an open container of alcohol in a vehicle provides probable cause to search the passenger compartment of the vehicle for additional open containers of alcohol.”
— Idaho Code § 23-505(2) — 4 cases
State v. Nicole Michelle Sciandra (Idaho Ct. App. 2016). “§ 18-705; and (3) was in possession of an open container of beer while the vehicle was on a public highway in violation of I.C. § 23-505. Although the complaint could have alleged more specific facts, it sufficiently alleged the time, place, and person at issue and the words of…”
State v. Wallace (Idaho Ct. App. 2022).
State v. Nelson (Idaho Ct. App. 2025).
State v. Pickens (Idaho Ct. App. 2025).
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