N.D. Cent. Code » Chapter t39c08
North Dakota Century Code

N.D. Cent. Code § 39-08-18 (2026)

Open container law - Penalty

✓ current as of May 2026
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1. A person may not drink or consume alcoholic beverages, as defined in section 5-01-01, in or on any motor vehicle when the vehicle is upon a public highway or in an\n\n Page No. 10 area used principally for public parking. A person may not have in that person's possession on that person's person while in or on a private motor vehicle upon a public highway or in an area used principally for public parking, any bottle or receptacle containing alcoholic beverages which has been opened, or the seal broken, or the contents of which have been partially removed. It is unlawful for the owner of any private motor vehicle or the driver, if the owner be not then present in or on the motor vehicle, to keep or allow to be kept in a motor vehicle when such vehicle is upon the public highway or in an area used principally for public parking any bottle or receptacle containing such alcoholic beverages which has been opened, or the seal broken, or the contents of which have been partially removed except when such bottle or receptacle is kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. A utility compartment or glove compartment must be deemed to be within the area occupied by the driver and passengers. This subsection does not prohibit the consumption or possession of alcoholic beverages in a house car if the consumption or possession occurs in the area of the house car used as sleeping or living quarters and that area is separated from the driving compartment by a solid partition, door, curtain, or some similar means of separation; however, consumption is not authorized while the house car is in motion. Any person violating this subsection must be assessed a fee of fifty dollars; however, the licensing authority may not record the violation against the person's driving record unless the person was the driver of the motor vehicle at the time that the violation occurred.

2. Subsection 1 does not apply to a public conveyance that has been commercially chartered for group use, any passenger for compensation in a for-hire motor vehicle, or a privately owned motor vehicle operated by a person in the course of that person's usual employment transporting passengers at the employer's direction. This subsection does not authorize possession or consumption of an alcoholic beverage by the operator of any motor vehicle described in this subsection while upon a public highway or in an area used principally for public parking.

3. The driver of a multipassenger bicycle may not:

a. Drink or consume alcoholic beverages, as defined in section 5-01-01, while operating the multipassenger bicycle on any public street, road, path, or highway or while in an area used principally for parking; or

b. Have in the driver's possession on the driver's person while operating the multipassenger bicycle on a public street, road, path, or highway or while in an area used principally for parking, any bottle or receptacle containing any alcoholic beverage which has been opened, or the seal broken, or the contents of which have been partially removed. \n 39-08-19. Penalty for harassment of domestic animals. Any person operating a motorcycle, snowmobile, or other motor vehicle who willfully harasses or frightens any domestic animal, is, upon conviction, guilty of a class B misdemeanor. If injury or death results to the animal due to such action, such person is liable for the value of the animal and exemplary damages as provided in section 36-21-13. \n

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1974–2023 · leading case: State v. Smith, 452 N.W.2d 86 (N.D. 1990).
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State v. Smith, 452 N.W.2d 86 (N.D. 1990). · cites it 4× “We disagree for two reasons. First, an evaluation of whether there was reasonable suspicion to justify the stop does not depend on whether the grounds for the stop will ultimately result in conviction.”
State v. Genre, 2006 ND 77 (N.D. 2006). · cites it 2× “The open can of beer was a violation of the open container law, N.D.C.C. § 39-08-18. Deputy Kluth also observed the odor of alcohol emanating from the vehicle and that Genre had bloodshot eyes and appeared to be nervous.”
State v. Meadows, 260 N.W.2d 328 (N.D. 1977). · cites it 3× “Novak then issued a citation to Meadows for violation of North Dakota’s open bottle law, § 39-08-18, N.D.C.C. Meadows was later charged with violating § 62-01-05, N.”
State v. Hensel, 417 N.W.2d 849 (N.D. 1988). · cites it 2× “, and possession of an open container in violation of Section 39-08-18, N.D.C.C., Police Officer Mike Fondie searched the passenger compartment of Hensel’s vehicle and discovered drugs and drug paraphernalia in a closed suitcase and jacket.”
Buck v. North Dakota State High. Comm'r, 425 N.W.2d 370 (N.D. 1988). · cites it 2× “Section 39-08-18, N.D.C.C., provides in part: ".”
State v. Neset, 216 N.W.2d 285 (N.D. 1974). · cites it 2× “Neset, was originally also charged with having an open bottle containing an alcoholic beverage in a motor vehicle, in violation of Section 39-08-18, N.D.C.C. The Driving Under the Influence charge and the Open Bottle charge were tried together by stipulation.”
In Interest of KS, 500 N.W.2d 603 (N.D. 1993). · cites it 2× “Has committed an offense in violation of section 39-08-18 or purchased, attempted to purchase, possessed, or consumed alcoholic beverages;.”
State v. Azure, 520 N.W.2d 574 (N.D. 1994). · cites it 2× “Has committed an offense in violation of section 39-08-18 or purchased, attempted to purchase, possessed, or consumed alcoholic beverages; .”
Anderson v. K.S., 500 N.W.2d 603 (N.D. 1993). · cites it 2× “Has committed an offense in violation of section 39-08-18 or purchased, attempted to purchase, possessed, or consumed alcoholic beverages;.”
Nakia Durham v. Commonwealth of Virginia (Va. Ct. App. 2023). “7 ; N.D. Cent. Code Ann. § 39-08-18 ; Ohio Rev.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.