New Hampshire Open Container Law: Exceptions and Penalties

Under the New Hampshire open container law, RSA 265-A:44, no driver or passenger may have an unsealed alcoholic beverage in the passenger area of a vehicle on a public road or in a public parking area. A violation carries a $150 fine plus a $50 administrative fee, and a driver can also lose their license for 60 days.¹² The same rules now apply to unsealed marijuana.

What Counts as an Open Container

The statute doesn’t use the phrase “open container” as a defined term. It requires that any liquor or beverage in the passenger area be “in the original container and with the seal unbroken.”¹ Anything that fails that test is treated as open. A bottle of wine with a broken cork seal, a half-finished can of beer, and a flask with the cap screwed back on all qualify. What matters is whether the original factory seal is intact, not whether the container is currently closed. A re-capped bottle counts.

The amount of liquid left inside is irrelevant. A bottle with one sip taken and a can that’s nearly empty draw the same violation as a freshly opened drink.

Where the Law Applies and Who It Covers

For drivers, the prohibition applies on any public way in New Hampshire. For passengers, it reaches further and also covers any area “principally used for public parking.”¹ A passenger holding an open beer in a shopping center lot or a municipal garage is violating the law even though the vehicle isn’t moving.

Both drivers and passengers are covered, under separate paragraphs of the statute. It doesn’t matter who bought the drink or who was drinking from it; the person in possession is the one cited. A driver can also be charged when nobody is drinking. An opened bottle sitting in a cupholder or wedged between the seats is enough, because the statute reaches possession and transport, not just consumption.

How to Transport an Opened Bottle Legally

If you need to move a partially consumed bottle, cap it and put it in the trunk. That’s the default rule.¹

If your vehicle has no trunk, such as an SUV, hatchback, pickup, or minivan, the container must go in “that compartment or area of the vehicle which is the least accessible to the driver.”¹ In practice, that usually means the rear cargo area behind the back seats. The back seat and the glove compartment don’t qualify because they’re readily accessible to occupants.

Exceptions

Chartered Buses, Taxis, and Limousines

Passengers in a chartered bus, taxi, or limousine may possess open alcohol, so long as the driver’s area stays alcohol-free.¹ The driver of any such vehicle is still fully prohibited from having alcohol in or near the driver’s compartment.

Motor Homes and RVs

The definition of “passenger area” excludes any section of a vehicle designed or modified for overnight accommodation or as living quarters.¹ In a motor home, the kitchen and sleeping area are treated more like a residence. Open containers are permitted there, but not near the driver’s seat.

Partially Consumed Restaurant Wine

RSA 179:27-a lets you take home an unfinished bottle of table wine from a licensed restaurant, but only under specific conditions. You must have purchased a full meal with the wine, and before you leave the restaurant must securely seal and bag the bottle.³ The bottle then has to travel in the trunk or the least accessible area of the vehicle, under the same transport rules as any other opened container. You can’t be intoxicated when you leave. The exception applies only to table wine, not to a partially consumed cocktail or beer.

Marijuana in the Vehicle

New Hampshire added parallel provisions to RSA 265-A:44 for marijuana in unsealed packaging. Drivers can’t transport it in the passenger area unless it stays in the original container with the seal unbroken, and passengers face the same restriction on public roads and in public parking areas.¹

One difference from the alcohol rules: unsealed marijuana may be stored in the glove compartment. Otherwise the same trunk-or-least-accessible-area storage requirement applies.

Penalties

An open container offense under RSA 265-A:44 is a non-criminal violation. The base fine is a flat $150.¹ New Hampshire adds a $50 administrative fee to motor vehicle tickets, so the typical out-of-pocket cost is $200.²

Drivers face more than the fine. A driver who violates the transport rules in paragraph II may have their license suspended for 60 days on a first offense and up to one year for a second or subsequent offense.¹ The suspension applies to residents and nonresidents alike. A suspended driver owes an additional $100 restoration fee to the Division of Motor Vehicles before driving privileges are reinstated.²

Because the offense is a non-criminal violation rather than a criminal conviction, it generally doesn’t appear on standard criminal background checks. It will show up on your driving record, which can affect auto insurance rates.

Commercial Drivers

Drivers holding a CDL face an added layer of federal regulation. Under 49 CFR 392.5, a commercial motor vehicle driver is prohibited from possessing beer, wine, or distilled spirits while on duty or operating a commercial vehicle, unless the alcohol is manifested cargo being shipped.⁴ The federal rule is stricter than state law because it bans possession outright in the vehicle: no trunk exception, no sealed-container workaround. A New Hampshire open container citation combined with a federal alcohol-possession violation can put a CDL holder’s livelihood at risk.

1
New Hampshire General Court. New Hampshire Code 265-A:44 – Transporting Alcoholic Beverages
2
NH DMV. Respond to a Motor Vehicle Ticket
3
New Hampshire General Court. New Hampshire Code 179:27-a – Removal of Opened Table Wine Bottle
4
eCFR. 49 CFR 392.5 – Alcohol Prohibition