Colorado open container laws are designed to keep communities safe, but understanding their nuances to help you avoid legal trouble. Here’s what you need to know.

Open Container Laws in Colorado: An Overview

Under Colorado Revised Statute §42-4-1305, it’s illegal to have an open alcoholic beverage container in the passenger area of a motor vehicle on public highways. An “open container” refers to any bottle, can, or other open vessel, has a broken seal or has partially removed contents. The “passenger area” includes the seats, unlocked glove compartments, and any area accessible to occupants of the vehicle.

Open container violations in Colorado are classified as Class A traffic infractions. For marijuana, an additional element is required. There must be evidence that the substance was consumed inside the vehicle, not just that it was present in an open container.

Even if you’re parked on a public street, you’re still subject to the law. An open container within arm’s reach is enough to trigger a violation, even without evidence of consuming alcohol, marijuana, or other substances. Contact the Dornan Law Team to learn more.

Penalties for Open Containers in CO

Open container violations in Colorado are classified as Class A traffic infractions. This means a base fine of $50, plus surcharges—$16 for alcohol-related cases and $7.80 for marijuana. Minors caught with open containers may face separate charges for underage possession or consumption. While the penalties may seem minor, violations can complicate other legal matters, particularly if you’re suspected of impaired driving.

CO Legal Exceptions for Open Containers

There are specific circumstances where open containers are permitted in Colorado. For example, passengers in commercial transport vehicles like limousines, taxis, or buses may legally possess open containers, although drivers still cannot. Or if you’re traveling in a motorhome or house trailer, you can have open containers in designated living quarters.

Open container rules don’t only apply to vehicles. It is illegal to walk around Colorado with an open container of alcohol. However, some municipalities have created designated “common consumption” zones where this is permitted.

Colorado’s common consumption areas are clearly marked and often found in entertainment districts. Marijuana laws are stricter, though. It’s always illegal to possess an open marijuana container in public spaces, regardless of local ordinances. Check the local laws of your city or schedule a free consultation with a criminal defense lawyer today.

Avoiding Legal Trouble for Open Container Law Violations in Colorado

• Always place opened alcohol or marijuana in the trunk or, if your vehicle doesn’t have one, in an area behind the last upright seat that is not accessible to passengers.
• Never store open containers in the glovebox or back seat. These areas are considered part of the passenger space and are not exempt.
• If you’re attending events in a city that allows open alcohol in entertainment districts, familiarize yourself with the boundaries and times in which the law applies.

Even if you’re not drinking, the presence of an open container can raise suspicion during a traffic stop. Law enforcement officers may use it as probable cause to investigate further for DUI or other offenses. So, follow the letter of the law, and learn how your actions can be interpreted.

Violating these local laws can lead to citations or fines just as easily as state-level offenses. However, legal guidance can help you understand your rights, contest improper charges, and prevent repeat offenses. Contact the Dornan Law Team for a free consultation today.