Wis. Stat. » CHAPTER 346 — RULES OF THE ROAD
Wisconsin Statutes

Wis. Stat. § 346.935 (2026)

Intoxicants in motor vehicles

✓ current as of July 2026
Find cases: SyfertCases citing this section WI-LEGdocs.legis.wisconsin.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
346.935346.935 Intoxicants in motor vehicles.
346.935(1)(1) No person may drink alcohol beverages or inhale nitrous oxide while he or she is in any motor vehicle when the vehicle is upon a highway.
346.935(2)(2) No person may possess on his or her person, in a privately owned motor vehicle upon a public highway, any bottle or receptacle containing alcohol beverages or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released.
346.935(3)(3) The owner of a privately owned motor vehicle, or the driver of the vehicle if the owner is not present in the vehicle, shall not keep, or allow to be kept in the motor vehicle when it is upon a highway any bottle or receptacle containing alcohol beverages or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released. This subsection does not apply if the bottle or receptacle is kept in the trunk of the vehicle or, if the vehicle has no trunk, in some other area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is considered to be within the area normally occupied by the driver and passengers.
346.935(4)(4) 
346.935(4)(a)(a) In this subsection:
346.935(4)(a)1.1. “Chauffeur” means a person employed full time or on a regular basis, including leased drivers, for the principal purpose of operating a motor vehicle.
346.935(4)(a)2.2. “Limousine” means any motor vehicle for charter or hire which is operated by a chauffeur and designed for transporting persons rather than property.
346.935(4)(b)(b) This section does not apply to passengers in a limousine or in a motor bus who possess any bottle or receptacle containing alcohol beverages that has been opened, on which the seal has been broken or the contents of which have been partially removed or released if the vehicle is operated by a chauffeur holding a valid license and endorsements authorizing operation of the vehicle as provided in ch. 343 and is in compliance with any local ordinance or regulation adopted under s. 349.24.
346.935(5)(5) In addition to any other penalty prescribed by law, any violation of this section by an operator of a commercial motor vehicle shall be punished under s. 346.65 (2u).
346.935 HistoryHistory: 1975 c. 297 s. 16; Stats. 1975 s. 346.935; 1981 c. 20; 1981 c. 79 s. 17; 1983 a. 535; 1985 a. 332 s. 253; 1989 a. 105; 1997 a. 336.
Notes of Decisions
Cited in 13 cases (5 in the last 5 years), 1985–2025 · leading case: State v. Pallone, 2000 WI 77 (Wis. 2000).
Sort: Relevance Newest Treatment
State v. Pallone, 2000 WI 77 (Wis. 2000). · cites it 6× “Wis. Stat. § 346.935 (2) and (3). [19] Similarly, money can constitute "contraband" when it is used as evidence.”
State v. Clayton W. Williams, 2014 WI 64 (Wis. 2014). · cites it 3× “§ 346.935 (2) (Count 3), operating left of the center line contrary to Wis.”
State v. Bons, 2007 WI App 124 (Wis. Ct. App. 2007). · cites it 3× “§ 346.935 (open container prohibition), and therefore provided Ramstack with the justification to extend the traffic stop to investigate further.”
Cnty. of Vilas v. Chapman, 361 N.W.2d 699 (Wis. 1985). · cites it 2× “The officer issued a Wisconsin uniform traffic citation and complaint, charging Chapman with possessing open intoxicants in a motor vehicle, contrary to Vilas County Ordinance 110 (6), adopting sec. 346.935, Stats. On April 28, 1983, Chapman filed a motion to dismiss the…”
State v. Carl Lee McAdory, 2021 WI App 89 (Wis. Ct. App. 2021). “§ 346.935(2) and (3). However, when considered together and in the context of all evidence in the light most favorable to the jury verdict, we conclude that a jury could reasonably infer that he was under the influence of one or more substances as that concept was expressed in…”
State v. Thierfelder, 495 N.W.2d 669 (Wis. 1993). “1987-88; possession of an open intoxicant, sec. 346.935, Stats. 1987-88; and driving under the influence of a controlled substance, sec.”
State v. Pallone, 596 N.W.2d 882 (Wis. Ct. App. 1999). · cites it 2× “When Recknagel verified that the contents of the bottle was beer, he had probable cause to arrest Riff for possessing open intoxicants in a motor vehicle, a violation of the traffic code, § 346.935(2), Stats. Section 345.22, Stats.”
United States v. Hulsey, 11 F. App'x 607 (7th Cir. 2001). “See Wis. Stat. § 346.935 (2) (possession of open container of alcohol in vehicle on public highway is illegal); United States v.”
City of W. Bend v. Wille, 921 N.W.2d 10 (Wis. Ct. App. 2018). · cites it 3× “Wille's questions are immaterial as § 346.935(3) prohibits "keep[ing] ... any bottle or receptacle containing alcohol beverages or nitrous oxide if the bottle or receptacle has been opened.”
Coleman, Sidney v. Sperry, Sam (W.D. Wis. 2024). · cites it 2× “Wis. Stat. § 346.935 (2). and detain plaintiff.”
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.”
State v. Nicholas A. Conger (Wis. Ct. App. 2022). “§ 346.935 (open container prohibition). 9 Conger concedes “that it is reasonable to infer that he had drunk from the open container.”
Show all 13 citing cases →
— Wis. Stat. § 346.935(2) — 2 cases
State v. Carl Lee McAdory, 2021 WI App 89 (Wis. Ct. App. 2021). “§ 346.935(2) and (3). However, when considered together and in the context of all evidence in the light most favorable to the jury verdict, we conclude that a jury could reasonably infer that he was under the influence of one or more substances as that concept was expressed in…”
State v. Pallone, 596 N.W.2d 882 (Wis. Ct. App. 1999). “When Recknagel verified that the contents of the bottle was beer, he had probable cause to arrest Riff for possessing open intoxicants in a motor vehicle, a violation of the traffic code, § 346.935(2), Stats. Section 345.22, Stats.”
— Wis. Stat. § 346.935(3) — 1 case
City of W. Bend v. Wille, 921 N.W.2d 10 (Wis. Ct. App. 2018). “Wille's questions are immaterial as § 346.935(3) prohibits "keep[ing] ... any bottle or receptacle containing alcohol beverages or nitrous oxide if the bottle or receptacle has been opened.”
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.