Under Oklahoma’s open container laws, it’s illegal to have an open alcoholic beverage or unsealed marijuana product in the passenger area of a car while on a public highway, street, or alley.
These laws apply to both motorists and passengers. If you violate any of them, you can be charged with a misdemeanor, and getting convicted can result in jail time, fines, and other penalties. If you are also found to be under the influence, that could result in a first DUI offense in Oklahoma.
What Is an Open Container in Oklahoma?
An open container is a bottle, can, or receptacle that contains alcohol and has been opened, has a broken seal, or has had its original cap or cork removed.
Key Requirements of Oklahoma’s Open Container Laws
Oklahoma’s open container laws apply to the passenger area of a car. This area can include unlocked glove compartments and other spaces that are accessible to a driver or passenger.
These laws prohibit drivers and passengers from having open containers in a car, regardless of whether they are actively drinking.
On November 1, 2025, Oklahoma Senate Bill 786 (SB 786) became law. This made it illegal to have unsealed marijuana in the passenger area of a car, even if you’re a medical marijuana cardholder.
Exceptions to Oklahoma’s Open Container Laws
It is legal to keep an open container in a car as long as it’s stored in a trunk, locked rear compartment, or outside compartment that isn’t accessible to a driver or passenger while the vehicle is moving.
The passenger of a bus, limousine, or motor coach can have an open container in the vehicle if it is being used for transportation and they are not operating it.
Regardless of where a container is stored while a car is moving, the driver of the vehicle must never have been drinking alcohol before or during operation.
Penalties If You Are Convicted of an Oklahoma Open Container Law Violation
The penalties that you will receive if you’re convicted of violating Oklahoma’s open container laws can include a jail sentence of up to six months, a maximum fine of $500, and community service.
Your conviction for a violation of an Oklahoma open container law may appear on your criminal record. If it does, it could keep you from buying a home, landing a job, and achieving other life milestones.
How an Open Container Can Impact a DUI Case in Oklahoma City
If you are arrested for driving under the influence, the police could use your open container of alcohol as evidence to show that you were operating a car while intoxicated.
The penalties that you can receive if you’re convicted of a DUI in Oklahoma can include:
- A jail sentence that lasts up to one year
- A maximum fine of $1,000
- Suspension of your driver’s license for 180 days
- Installation of an ignition interlock device (IID) in your car
- Enrollment in a substance abuse treatment program
- Probation
These penalties may apply if you are convicted of a DUI for the first time. Each subsequent conviction can cause the penalties to escalate.
When an Open Container Can Lead to Additional Charges in OKC
If you are driving under the influence and have an open container in your car, the police can charge you with an Oklahoma City DUI and for violating Oklahoma’s open container laws.
Those under 21 who are found driving with an open container may be charged with a minor in possession of alcohol offense on top of an open container law violation.
Meanwhile, the police may charge you with public intoxication and a violation of Oklahoma’s open container laws simultaneously.
