Pennsylvania Consolidated Statutes

75 Pa. Cons. Stat. § 3809 (2026)

Restriction on alcoholic beverages.

✓ current as of May 2026

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§ 3809. Restriction on alcoholic beverages.

(a) General rule.--Except as set forth in subsection (b), an individual who is an operator or an occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a controlled substance as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this Commonwealth.

(b) Exception.--This section does not prohibit possession or consumption by any of the following:

(1) A passenger in the passenger area of a motor vehicle designed, maintained or used primarily for the lawful transportation of persons for compensation. This paragraph includes buses, taxis and limousines.

(2) An individual in the living quarters of a house coach or house trailer.

(c) Penalty.--An individual who violates this section commits a summary offense.

Cross References. Section 3809 is referred to in section 1542 of this title.

Notes of Decisions

Cited in 21 cases (6 in the last 5 years), 2006–2026 · leading case: Commonwealth v. Scott, 210 A.3d 359 (Pa. Super. Ct. 2019).

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Commonwealth v. Scott, 210 A.3d 359 (Pa. Super. Ct. 2019). “§ 780-113(a)(31), and 75 Pa.C.S. § 3809, respectively. 3 Although Appellee did not seek to suppress the marijuana recovered from the passenger compartment of his vehicle, the court announced, "[W]e deny the motion to suppress with respect to marijuana, but grant the motion with…”

Commonwealth v. Kimmel, 125 A.3d 1272 (Pa. Super. Ct. 2015). “75 Pa.C.S. § 3809(a). . Appellant's motion argued that Officer Beltz violated the Municipal Police Jurisdiction Act, 42 Pa.”

Zolinda Kiriakidis v. Borough of Vintondale, 609 F. App'x 713 (3rd Cir. 2015). “However, the magisterial district judge convicted her of disregarding a traffic lane, 75 Pa. Cons.Stat. Ann. § 3809(1), and disorderly conduct by making unreasonable noise, 18 Pa.”

United States v. Laureano, 162 F. App'x 188 (3rd Cir. 2006). · cites it 7× “Appellant Orlando Laureano challenges the legality of his sentence in the United States District Court for the Middle District of Pennsylvania, claiming the District Court erred by assigning him an additional criminal history point for a prior conviction under 75 Pa.C.S. § 3809,…”

Com. v. Jones, C., Jr. (Pa. Super. Ct. 2021). · cites it 2× “See 75 Pa.C.S. § 3809(a).” 907 Notice at 5. ____________________________________________ 3 Although Appellant’s brief is unpaginated, his table of contents include page numbers which we use here.”

Com. v. Butcher, K. (Pa. Super. Ct. 2021). · cites it 2× “§ 3809(a); 75 Pa.C.S. § 3809(1); 75 Pa.C.S. § 3714(a); and 75 Pa.”

Com. v. Montgomery, R. (Pa. Super. Ct. 2016). “4 75 Pa.C.S. § 3809(a). J-S13002-16 After officers responded to a fight at a sports bar located in Titusville, bar patrons directed the officers’ attention to an individual passed out in a Jeep parked on the street outside the bar.”

Com. v. Coles, K. (Pa. Super. Ct. 2016). “____________________________________________ 2 75 Pa.C.S. §§ 3809(a), 4581(a)(2)(ii), respectively.”

Com. v. Nichelson, L. (Pa. Super. Ct. 2018). “§ 3802(a)(1), and restriction on alcoholic beverages (hereinafter “open containers”), 75 Pa.C.S. § 3809(a). After careful review, we affirm.”

Com. v. Johonoson, F. (Pa. Super. Ct. 2018). “§ 3361, and Restriction on Alcoholic Beverages, 75 Pa.C.S. § 3809. -2- J-S49043-18 Appellant first asked about the status of the second motion to dismiss.”

Com. v. Jackson, S. (Pa. Super. Ct. 2019). “6 75 Pa.C.S § 3809. 7 Title 6 § 601.16(b)(1)(a).”

Com. v. Davenport, D. (Pa. Super. Ct. 2023). “§ 780-113 §§ (a)(16) and (32), and 75 Pa.C.S. § 3809(a), respectively. J-S42041-22 The facts out of which this case arises, as found by the trial court on Appellant’s motion to suppress evidence and at trial, are as follows.”

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— 75 Pa. Cons. Stat. § 3809(1) — 2 cases

Com. v. Butcher, K. (Pa. Super. Ct. 2021). “§ 3809(a); 75 Pa.C.S. § 3809(1); 75 Pa.C.S. § 3714(a); and 75 Pa.”

— 75 Pa. Cons. Stat. § 3809(a) — 16 cases

Commonwealth v. Kimmel, 125 A.3d 1272 (Pa. Super. Ct. 2015). “75 Pa.C.S. § 3809(a). . Appellant's motion argued that Officer Beltz violated the Municipal Police Jurisdiction Act, 42 Pa.”

Com. v. Jones, C., Jr. (Pa. Super. Ct. 2021). “See 75 Pa.C.S. § 3809(a).” 907 Notice at 5. ____________________________________________ 3 Although Appellant’s brief is unpaginated, his table of contents include page numbers which we use here.”

Com. v. Coles, K. (Pa. Super. Ct. 2016). “____________________________________________ 2 75 Pa.C.S. §§ 3809(a), 4581(a)(2)(ii), respectively.”

Com. v. Nichelson, L. (Pa. Super. Ct. 2018). “§ 3802(a)(1), and restriction on alcoholic beverages (hereinafter “open containers”), 75 Pa.C.S. § 3809(a). After careful review, we affirm.”

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