N.C. Gen. Stat. » Chapter 18B
NC General Statutes

N.C. Gen. Stat. § 18B-401 (2026)

Manner of transportation

✓ current as of July 2026
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(a) Opened Containers. - Except as authorized by a common carrier vehicle permit under G.S. 18B-1001(23), it shall be unlawful for a person to transport fortified wine or spirituous liquor in the passenger area of a motor vehicle in other than the manufacturer's unopened original container. It shall be unlawful for a person who is driving a motor vehicle on a highway or public vehicular area to consume in the passenger area of that vehicle any malt beverage or unfortified wine. Violation of this subsection shall constitute a Class 3 misdemeanor.

(b) Taxis. - It shall be unlawful for a person operating a for-hire passenger vehicle as defined in G.S. 20-4.01(27)f., to transport fortified wine or spirituous liquor unless the vehicle is transporting a paying passenger who owns the alcoholic beverage being transported. A violation of this subsection shall not be grounds for suspension of the driver's license for illegal transportation of intoxicating liquors under G.S. 20-16(a)(8).

(c) Definitions. - The definitions in Chapter 20 of the General Statutes apply in interpreting this section. If the seal on a container of alcoholic beverages has been broken, it is opened within the meaning of this section. For purposes of this section, "passenger area of a motor vehicle" means the area designed to seat the driver and passengers and any area within the reach of a seated driver or passenger, including the glove compartment. In the case of a station wagon, hatchback or similar vehicle, the area behind the last upright back seat shall not be considered part of the passenger area. (1923, c. 1, s. 25; C.S., s. 3411(y); 1937, c. 49, ss. 14, 16; c. 411; 1967, c. 222, ss. 1, 7; c. 1256, s. 3; 1969, c. 598, ss. 2, 3; c. 1018; 1971, c. 872, s. 1; 1977, c. 176, s. 1; c. 586; 1979, c. 607, s. 1; 1981, c. 412, s. 2; c. 747, s. 45; 1983, c. 435, s. 7; 1989, c. 553, s. 3; 1993, c. 508, s. 4; c. 539, s. 312; 1994, Ex. Sess., c. 24, s. 14(c); 2017-102, s. 5.2(b); 2021-150, s. 28.3; 2022-44, s. 3(d).)

 

§ 18B-402.  (Repealed) Alcoholic beverages purchased out-of-State. (1923, c. 1, s. 25; C.S., s. 3411(y); 1937, c. 49, ss. 14, 16; c. 411; 1967, c. 222, ss. 1, 7; c. 1256, s. 3; 1969, c. 598, ss. 2, 3; c. 1018; 1971, c. 872, s. 1; 1977, c. 176, s. 1; c. 586; 1979, c. 607, s. 1; 1981, c. 412, s. 2; 1981 (Reg. Sess., 1982), c. 1262, s. 5; repealed by 2022-44, s. 3(e), effective July 7, 2022.)

 

§ 18B-403.  (Repealed) Purchase-transportation permit. (1969, c. 617, s. 1; 1971, c. 872, s. 1; 1973, c. 94; c. 819, s. 1; 1975, ss. 1-4; 1977, c. 176, ss. 1, 2, 4; 1979, c. 19, ss. 3, 4; c. 286, s. 1; c. 445, ss. 1, 3; c. 1076, ss. 1, 2, 3; 1981, c. 412, s. 2; 1981 (Reg. Sess., 1982), c. 1262, ss. 6-8; 1983, c. 457, s. 1; 2019-182, ss. 5(a), 23(b); repealed by 2022-44, s. 3(f), effective July 7, 2022.)

 

Notes of Decisions
Cited in 4 cases, 1987–2017 · leading case: State v. Jones, 805 S.E.2d 701 (N.C. Ct. App. 2017).
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State v. Jones, 805 S.E.2d 701 (N.C. Ct. App. 2017). · cites it 4× “§ 18B-401(a) (2015), which makes it unlawful “for a person to transport fortified wine or spirituous liquor in the passenger area of a motor vehicle in other than the manufacturer’s unopened original container.” On -14- STATE V. JONES ZACHARY, J.”
State v. Allen, 783 S.E.2d 799 (N.C. Ct. App. 2016). · cites it 3× “" N.C. Gen.Stat. § 18B-401(a) (2015). Defendant argues that the citation failed to state that he transported the fortified wine or spirituous liquor "in the passenger area" of his motor vehicle and as such, is fatally defective to confer jurisdiction.”
State v. Poczontek, 368 S.E.2d 659 (N.C. Ct. App. 1988). “Nor did the open beer can in the passenger portion of the car justify the search that was made, as it is the consumption of malt beverages in the passenger area of a vehicle while driving it that G.S. 18B-401(a) forbids, not possession or transportation, and there was no…”
State v. Warren, 352 S.E.2d 276 (N.C. Ct. App. 1987). · cites it 3× “1 and with illegally transporting liquor in the passenger area of his car under N.C.G.S. § 18B-401. The district court dismissed the driving while impaired charge against defendant and the superior court affirmed the dismissal on the grounds that defendant was denied his…”
— N.C. Gen. Stat. § 18B-401(a) — 3 cases
State v. Jones, 805 S.E.2d 701 (N.C. Ct. App. 2017). “§ 18B-401(a) (2015), which makes it unlawful “for a person to transport fortified wine or spirituous liquor in the passenger area of a motor vehicle in other than the manufacturer’s unopened original container.” On -14- STATE V. JONES ZACHARY, J.”
State v. Allen, 783 S.E.2d 799 (N.C. Ct. App. 2016). “" N.C. Gen.Stat. § 18B-401(a) (2015). Defendant argues that the citation failed to state that he transported the fortified wine or spirituous liquor "in the passenger area" of his motor vehicle and as such, is fatally defective to confer jurisdiction.”
State v. Poczontek, 368 S.E.2d 659 (N.C. Ct. App. 1988). “Nor did the open beer can in the passenger portion of the car justify the search that was made, as it is the consumption of malt beverages in the passenger area of a vehicle while driving it that G.S. 18B-401(a) forbids, not possession or transportation, and there was no…”
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