Maine’s open container law makes it a traffic infraction for anyone in a motor vehicle on a public road to possess an open alcoholic beverage container or to drink alcohol in the passenger area. The rule under 29-A M.R.S. § 2112-A applies to drivers and passengers alike, and a parallel rule covers cannabis. A few exceptions exist, but they are narrower than most people assume.1Maine Legislature. Maine Code Title 29-A 2112-A – Open Container; Drinking in a Vehicle Prohibited
What Counts as an Open Container
An “open alcoholic beverage container” is any bottle, can, or other receptacle that holds any amount of alcohol and is either open, has a broken seal, or has had some of its contents removed.1Maine Legislature. Maine Code Title 29-A 2112-A – Open Container; Drinking in a Vehicle Prohibited A factory-sealed bottle from the store is fine. The moment that seal breaks, it counts as an open container under the statute, even if nothing has been poured.
“Alcohol” here means any beverage intended for human consumption containing more than one-half of one percent alcohol by volume.1Maine Legislature. Maine Code Title 29-A 2112-A – Open Container; Drinking in a Vehicle Prohibited That threshold catches essentially all beer, wine, spirits, and hard seltzers.
Where in the Vehicle the Rule Reaches
The restriction covers the entire passenger area, which the statute defines as the space designed to seat the driver and passengers while the vehicle is in operation, plus any area readily accessible to anyone in a seated position.1Maine Legislature. Maine Code Title 29-A 2112-A – Open Container; Drinking in a Vehicle Prohibited That specifically includes the glove compartment. Locking it does not help; the statute names the glove box as part of the passenger area with no exception for locked ones.
Where You Can Legally Store an Opened Container
The trunk is the safe answer. If the vehicle has a standard trunk physically separated from the passenger compartment, an opened container stored there does not violate the law. For SUVs, hatchbacks, and other trunkless vehicles, the statute allows open containers behind the last upright seat or in an area not normally occupied by the driver or a passenger.1Maine Legislature. Maine Code Title 29-A 2112-A – Open Container; Drinking in a Vehicle Prohibited That means the cargo area, not the back floorboard. A half-finished bottle tossed behind the back seat of an SUV is still a violation because that space is readily accessible to a seated passenger.
Public Roads vs. Private Property
The ban applies when the vehicle is on a “public way,” which Maine defines as a road owned and maintained by the state, a county, or a municipality where the public has a right to pass.2Maine State Legislature. Maine Code Title 29-A 101 – Definitions State highways, municipal streets, and county roads all qualify. Private driveways and privately owned parking lots are classified separately as private ways and generally fall outside the statute.
The Exceptions
Three exceptions appear in the statute, and each is narrower than it sounds.1Maine Legislature. Maine Code Title 29-A 2112-A – Open Container; Drinking in a Vehicle Prohibited
- A passenger in a vehicle designed for paid passenger transportation may possess or consume alcohol, but the statute specifically excludes taxicabs. Limousines and chartered buses are covered; taxis are not. The driver can never have accessible alcohol.
- Passengers may possess open containers or drink in the living quarters of a motor home, trailer, semitrailer, or truck camper. “Living quarters” means the residential space, not the driver’s cab, and the person behind the wheel still cannot have accessible alcohol.
- An operator with a valid off-premise catering license under Title 28-A, section 1052 may transport open containers to or from a catered event. This covers the catering business, not guests leaving with leftover wine.
Rideshares
The for-hire exception applies to vehicles “designed for the for-hire transportation of passengers,” and whether a personal car driving for Uber or Lyft fits that language is legally ambiguous. It does not matter in practice. Both Uber and Lyft prohibit passengers from carrying open containers as a matter of company policy, and drivers routinely refuse rides to passengers holding open drinks. Treat a rideshare the same as your own car and keep everything sealed.
Cannabis in a Vehicle
Maine’s recreational cannabis legalization did not loosen the vehicle rules. Consuming marijuana or marijuana products in a vehicle on a public way is prohibited, and so is possessing an open container of cannabis in the passenger area. An open cannabis container is any receptacle holding marijuana or a consumable marijuana product whose seal is broken or whose contents have been partially removed.
The exceptions track the alcohol statute: cannabis may be stored behind the last upright seat in a trunkless vehicle, passengers in for-hire vehicles other than taxicabs are exempt, and passengers in the living quarters of motor homes or trailers are exempt. One additional exception applies only to cannabis: a passenger with a valid medical marijuana card may possess an open cannabis container in the passenger area, though consumption in the vehicle is still prohibited.
Penalties
An open container violation under § 2112-A is a traffic infraction, not a criminal offense.1Maine Legislature. Maine Code Title 29-A 2112-A – Open Container; Drinking in a Vehicle Prohibited There is no jail time and no criminal record. The violation does appear on your driving record, and the fine is assessed per occurrence. The cannabis version carries the same traffic-infraction classification.
The expense most people underestimate is insurance. An open container violation can push auto insurance premiums up significantly, and the increase typically stays on the policy for three to five years. The amount depends on the insurer and your driving history, but over time the premium hit usually dwarfs the fine itself.
How an Open Container Ticket Can Lead to an OUI
An open container infraction and an operating-under-the-influence charge are separate offenses, but the first often opens the door to the second. An officer who spots an open container during a traffic stop has grounds to investigate further, and field sobriety and breath tests often follow. If you are also over the legal limit, you are now facing an OUI charge on top of the ticket. Maine’s OUI penalties are far more severe, including license suspension, mandatory fines, and potential jail time for repeat offenses. The open container itself does not enhance an OUI sentence, but it is often the reason the OUI investigation happens at all.