Is it OK in GA for someone to drink alcohol in the car while you’re driving? What the law says

Whether you’re looking to take a “roadie,” a “traveler” or a “go-cup,” you should know you’re breaking the law. Any alcohol you consume in the car can get you in big trouble, and any riders and drivers should remember it’s illegal to drink while someone else is driving in Georgia.

Georgia Open Container Law

Specifications:

The state’s open container law, (O.C.G.A. § 40-6-253), prohibits both possessing and consuming open alcoholic beverages in the passenger seat of a moving vehicle.

The law, enacted in 1992 following a federal effort to limit open containers and reduce alcohol-related crashes, places Georgia among 39 states that ban passengers from drinking alcohol in a vehicle.

Based on the specifics of the law, the “passenger area” includes all seating and any area easily accessible from seats, excluding the trunk and locked glove compartment and the law applies whether the driver is sober or not.

An “open container,” in Georgia is any container that has an open or broken seal or cap or is missing any of its original contents.

Exemptions

Certain vehicles, designed for group transportation that can be hired for compensation, like limousines and tour buses, may be exempt from the open container law.

There is uncertainty about ride shares (e.g., Lyft/Uber). Georgia courts have not explicitly ruled on their status, so it’s best to err on the side of caution and leave the roadie at home.

Also exempt”

• Transporting a partially consumed bottle of wine from a restaurant if the bottle is properly sealed.
• Homebrew/wine (which in this case refers only to malt beverages and excludes distilled spirits and wine) with a few exceptions:
• if you have a permit (if you’re transporting 25 gallons or more)
• the container is properly sealed
• information about the product is prominently displayed on the container
• they must be kept in a locked compartment, trunk or under the last upright seat. 

Penalties

• Violation typically results in a fine of up to $200 and two points on the driver’s license.
• No jail time for open container violations, but
• Accumulating points on your license can lead to suspension

How to transport alcohol legally

Unopened alcohol can be transported:

• In the trunk or inaccessible areas 
• If it is secured in such a way that it is not considered “open” under the law.

While Georgia’s open container law isn’t classified as a standalone criminal traffic offense, it can still carry serious weight by increasing penalties when paired with other charges.

Thoughts? Concerns? Email me at srose@ledger-enquirer.com or find me on social media.

This story was originally published September 5, 2025 at 6:00 AM with the headline "Is it OK in GA for someone to drink alcohol in the car while you’re driving? What the law says."