Tennessee Code Annotated
Tenn. Code Ann. § 55-10-416 (2026)
Open container law
✓ current as of May 2026
- (a)
- (1) No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.
- (2) For purposes of this section:
- (A) "Open container" means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken;
- (B) An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or other nonpassenger area of the vehicle; and
- (C) A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.
- (b)
- (1) A violation of this section is a Class C misdemeanor, punishable by fine only.
- (2) For a violation of this section, a law enforcement officer shall issue a citation in lieu of continued custody, unless the offender refuses to sign and accept the citation, as provided in § 40-7-118.
- (c) This section shall not be construed to prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting the passengers in a motor vehicle from consuming or possessing an alcoholic beverage or beer in an open container during the operation of the vehicle by its driver, or be construed to limit the penalties authorized by law for violation of the ordinance or resolution.
Acts 1994, ch. 638, § 1.
Notes of Decisions
Cited in 15
cases (4 in the last 5 years), 1996–2026 · leading case: State of Tennessee v. Jerry Lee Hanning, 296 S.W.3d 44 (Tenn. 2009).
State of Tennessee v. Jerry Lee Hanning, 296 S.W.3d 44 (Tenn. 2009). “” Tenn. Code Ann. § 55-10-416 (a)(1) (2008).”
State of Tennessee v. Mechelle L. Montgomery, 462 S.W.3d 482 (Tenn. 2015). “§ 55-10-416 (2012 & Supp. 2014), moved to suppress all evidence resulting from the search of her car.”
State v. Dougherty, 930 S.W.2d 85 (Tenn. Crim. App. 1996). “” Tenn.Code Ann. § 55-10-416 (Supp.1995).”
State of Tennessee v. Richard W. Wilburn (Tenn. Crim. App. 2017). “See Tenn. Code Ann. §§ 55-10-416 , -50-504. In September of the same year, the Defendant was indicted for initiating a process intended to result in the manufacture of methamphetamine (case number F-74351).”
State of Tennessee v. Ramey Michelle Long (Tenn. Crim. App. 2018). “Tennessee Code Annotated section 55-10-416(b)(1) provides that a violation of the open container law “is a Class C misdemeanor, punishable by fine only.”
State of Tennessee v. William Thomas Kelly (Tenn. Crim. App. 2021). “In his brief, the defendant, citing, Code section 55-10-416, argues that the evidence was insufficient to support his conviction of violating the open container law because the State presented no proof that the beers found inside the Town Car “had recently been consumed.”
State of Tennessee v. Cristobal J. Quintana II (Tenn. Crim. App. 2025). “” T.C.A. § 55-10-416(a)(1). The record reflects that an open beer can and a brandy bottle were found in the Defendant’s car, that the Defendant exhibited signs of having ingested alcohol, and that no other occupant of the car was seen.”
State v. Kenneth Ray Jarman (Tenn. Crim. App. 2000). “Tenn. Code Ann. § 55-10-416 (b)(1)(1997) states that “[a] violation of this section is a class C misdemeanor, punishable by fine only.”
State of Tennessee v. Tanya Finney (Tenn. Crim. App. 2012). “ND PROCEDURAL HISTORY On November 2, 2010, the defendant, Tanya Finney, was indicted for knowingly possessing a Schedule VI controlled substance, a Class A misdemeanor, in violation of Tennessee Code Annotated section 39-17-418, and knowingly possessing an open container of…”
Nakia Durham v. Commonwealth of Virginia (Va. Ct. App. 2023). “1 ; Tenn. Code Ann. § 55-10-416 ; Tex. Penal Code Ann.”
State of Tennessee v. Rhonda Carole Sterbenz (Tenn. Crim. App. 2026). “§ 55-10-401 (2024) (DUI); § 55-10-416 (2024) (open container); § 55-8-136 (2024) (failure to exercise due care).”
State of Tennessee v. Michael E. Fischer (Tenn. Crim. App. 2012). “§ 55-10-416. At sentencing, the trial court imposed a total effective sentence of three years’ incarceration by the agreement of the parties.”
— Tenn. Code Ann. § 55-10-416(a)(1) — 3 cases
State of Tennessee v. Jerry Lee Hanning, 296 S.W.3d 44 (Tenn. 2009). “” Tenn. Code Ann. § 55-10-416 (a)(1) (2008).”
State of Tennessee v. Cristobal J. Quintana II (Tenn. Crim. App. 2025). “” T.C.A. § 55-10-416(a)(1). The record reflects that an open beer can and a brandy bottle were found in the Defendant’s car, that the Defendant exhibited signs of having ingested alcohol, and that no other occupant of the car was seen.”
State of Tennessee v. Sheron Lampton (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 55-10-416(b)(1) — 1 case
State of Tennessee v. Ramey Michelle Long (Tenn. Crim. App. 2018). “Tennessee Code Annotated section 55-10-416(b)(1) provides that a violation of the open container law “is a Class C misdemeanor, punishable by fine only.”
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