Open container — driver
Florida Statute § 316.1936
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
An operator may not possess an open alcoholic beverage container or consume alcohol while operating a vehicle; the prohibition also covers sitting in a motor vehicle parked/stopped within the broadly defined road/right-of-way. A broken seal or immediate ability to drink makes a container open. A container not possessed by a passenger is attributed to the operator unless in a locked glove compartment, trunk, or other locked nonpassenger area. Verify alcohol, seal, location, possession, and lawful sealed takeout exceptions; driver violations are moving.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Alcohol / Vehicle
- Type
- Non-Moving
- Civil / Criminal
- Civil
- Offense Classification
- Moving infraction
- Points
- 3
- Fine / Penalty
- $60 base moving penalty; costs and statutory exceptions may apply
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally
- NTA Eligible
- N/A — civil citation
- Custodial Arrest
- No — civil infraction (absent separate lawful basis)
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.