Revised Code of Washington

Wash. Rev. Code § 46.61.519 (2026)

✓ current as of May 2026
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(1) It is a traffic infraction to drink any alcoholic beverage in a motor vehicle when the vehicle is upon a highway.
(2) It is a traffic infraction for a person to have in his or her possession while in a motor vehicle upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage if the container has been opened or a seal broken or the contents partially removed.
(3) It is a traffic infraction for the registered owner of a motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the vehicle is upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage which has been opened or a seal broken or the contents partially removed, unless the container is kept in the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers.
(4) This section does not apply to a public conveyance that has been commercially chartered for group use or to the living quarters of a motor home or camper or, except as otherwise provided by RCW 66.44.250 or local law, to any passenger for compensation in a for hire vehicle licensed under city, county, or state law, or to a privately owned vehicle operated by a person possessing a valid operator's license endorsed for the appropriate classification under chapter 46.25 RCW in the course of his or her usual employment transporting passengers at the employer's direction: PROVIDED, That nothing in this subsection shall be construed to authorize possession or consumption of an alcoholic beverage by the operator of any vehicle while upon a highway.
[ 2010 c 8 s 9071; 1989 c 178 s 26; 1984 c 274 s 1; 1983 c 165 s 28.]

Notes:

Effective dates1989 c 178: See RCW 46.25.901.
Legislative finding, intentEffective datesSeverability1983 c 165: See notes following RCW 46.20.308.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through 46.20.750.
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1990–2023 · leading case: State v. Glossbrener, 49 P.3d 128 (Wash. 2002).
State v. Glossbrener, 49 P.3d 128 (Wash. 2002). · cites it 3× “RCW 46.61.519. [2] The trial court found that Trevino called for backup when he returned to his car to check for warrants.”
State v. Glossbrener, 49 P.3d 128 (Wash. 2002). · cites it 3× “RCW 46.61.519. The trial court found that Trevino called for backup when he returned to his car to check for warrants.”
State v. Johnson, 909 P.2d 293 (Wash. 1996). “RCW 46.61.519(4). RCW 9A.52.095, .100. RCW Title 46; ROW Title 47.”
State v. Vrieling, 28 P.3d 762 (Wash. 2001). “The second statute cited is RCW 46.61.519, which provides that consumption of alcohol in the living quarters of a motor home is allowable even where the motor home is traveling on the highways.”
City of Seattle v. Williams, 128 Wash. 2d 341 (Wash. 1995). “165 specifically permit local jurisdictions to enact greater penalties than those provided in statute for, respectively, a violation of RCW 46.61.519 (prohibiting an open container of an alcoholic beverage when traveling upon a highway), and RCW 46.”
City of Seattle v. Williams, 908 P.2d 359 (Wash. 1995). “165 specifically permit local jurisdictions to enact greater penalties than those provided in statute for, respectively, a violation of RCW 46.61.519 (prohibiting an open container of an alcoholic beverage when traveling upon a highway), and RCW 46.”
State v. Barwick, 833 P.2d 421 (Wash. Ct. App. 1992). · cites it 2× “Indeed, there is no general requirement in this country for citizens to carry any identification.”
State v. Johnson, 892 P.2d 106 (Wash. Ct. App. 1995). “Johnson points out several statutes which recognize a distinction between vehicular passenger compartments and living areas in motor vehicles for purposes of regulating alcoholic beverages, RCW 46.61.519(4), and distinguishing degrees of vehicle prowling, RCW 9A.”
State v. Vrieling, 983 P.2d 1150 (Wash. Ct. App. 1999). “She also cites to RCW 46.61.519, which exempts the living quarters of a motor home or camper from the prohibition against possessing open containers of alcohol in motor vehicles.”
State v. Sistrunk, 787 P.2d 937 (Wash. Ct. App. 1990). “Sistrunk of the open container law, RCW 46.61.519. The driver informed Deputy Lane that he and Ms.”
State v. Johnson, 909 P.2d 293 (Wash. 1996). “[56] RCW 46.61.519(4). [57] RCW 9A.52.095, .100.”
Nakia Durham v. Commonwealth of Virginia (Va. Ct. App. 2023). “- 15 - Before proceeding, I must address a disagreement about the record that ultimately impacts the information this Court looks at in reviewing whether Officer Labat’s probable cause determination was reasonable.”
— Wash. Rev. Code § 46.61.519(2) — 2 cases
State v. Barwick, 833 P.2d 421 (Wash. Ct. App. 1992). “Indeed, there is no general requirement in this country for citizens to carry any identification.”
— Wash. Rev. Code § 46.61.519(4) — 3 cases
State v. Johnson, 909 P.2d 293 (Wash. 1996). “RCW 46.61.519(4). RCW 9A.52.095, .100. RCW Title 46; ROW Title 47.”
State v. Johnson, 892 P.2d 106 (Wash. Ct. App. 1995). “Johnson points out several statutes which recognize a distinction between vehicular passenger compartments and living areas in motor vehicles for purposes of regulating alcoholic beverages, RCW 46.61.519(4), and distinguishing degrees of vehicle prowling, RCW 9A.”
State v. Johnson, 909 P.2d 293 (Wash. 1996). “[56] RCW 46.61.519(4). [57] RCW 9A.52.095, .100.”
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