South Dakota’s open container law makes it a Class 2 misdemeanor to drink an alcoholic beverage or possess an open one inside a motor vehicle on any public highway. The rule is set out at SDCL 35-1-9.1, and it applies to drivers and passengers alike. A conviction carries up to 30 days in county jail, a fine of up to $500, or both.1South Dakota Legislature. South Dakota Code 35-1-9.1 – Consumption or Possession of Alcoholic Beverage in Vehicle a Misdemeanor, Exceptions
What Counts as an Open Container
An “open” container is any bottle, can, or other receptacle whose factory seal is broken or whose contents have been partly removed. A recorked wine bottle or a resealed growler still qualifies, because the original seal is gone. “Alcoholic beverage” covers distilled spirits, wine, cider, and malt beverages as defined in Title 35.2South Dakota Legislature. South Dakota Code 35-1-1 – Definitions Essentially every drinkable product containing alcohol falls within it.
The statute covers every occupant of the vehicle. A sober driver can be cited if a passenger hands them an open beer. A passenger can be cited for holding one even when the driver has not been drinking. There is no distinction between the person behind the wheel and the people riding along.
Where the Law Applies
The ban applies on any public highway or the right-of-way of a public highway. South Dakota defines “highway” as the entire width between boundary lines of every publicly maintained road open to vehicular travel as a matter of right.3South Dakota Legislature. South Dakota Code 32-14-1 – Definitions That means city streets, county roads, state highways, and interstate shoulders.
Private roads, parking lots on private property, and campground roads that are not publicly maintained fall outside this definition. Even so, sitting in a running car in a public lot adjacent to a highway right-of-way can draw the statute’s reach. If the public can legally drive on it, treat it as covered.
How to Legally Carry Alcohol in Your Vehicle
You can transport alcohol in a vehicle as long as the factory seal is unbroken, or the container is stored where no occupant can get to it. SDCL 35-1-9.3 recognizes three situations that do not violate the open container law:4South Dakota Legislature. South Dakota Code 35-1 – Section: 35-1-9.3 Certain Situations Not in Violation of 35-1-9.1
- A beverage stored in a locked glove compartment. The word that matters is “locked.” A glove box that only latches does not qualify.
- A container placed behind the last upright seat, or in an area not normally occupied by the driver or passengers. This is the practical rule for SUVs, hatchbacks, and pickups with caps that have no separate trunk.
- A passenger riding in a licensed carrier vehicle. The driver of that carrier is still prohibited from having any open container in the driver compartment.
For sedans and coupes, the trunk is the straightforward answer. It is physically separated from the passenger area, which keeps you clearly within the law. The principle running through every exception is the same: the alcohol must be inaccessible to anyone seated in the vehicle.
The Carrier Vehicle Exception in Practice
The carrier exception references vehicles operated by a “carrier” defined in SDCL 35-1-1(3) and licensed under SDCL 35-4-2(9). That covers commercially licensed vehicles used to transport passengers for compensation, such as limousines, party buses, and charter vehicles. If you hire one and ride as a passenger, you can have an open drink. Rideshare vehicles like Uber and Lyft only qualify if the driver holds the specific carrier license the statute names.
Penalties if You’re Convicted
An open container offense is a Class 2 misdemeanor. Under SDCL 22-6-2, that carries up to 30 days in county jail, a fine up to $500, or both.5South Dakota Legislature. South Dakota Code 22-6-2 – Misdemeanor Classes and Penalties, Restitution, Misdemeanor When No Penalty Imposed For a first offense without aggravating facts, most people receive a fine rather than jail, but the court has discretion to impose either or both.
A conviction goes on your criminal record. Class 2 is the lowest criminal classification in South Dakota, but it still appears on background checks visible to employers, landlords, and licensing boards. Expungement is possible under South Dakota law, but the process takes time and is not guaranteed.
An open container citation by itself does not add points to your driver’s license, and it is not a DUI charge. Insurers, however, treat the conviction as a risk signal. Premium increases vary by company and driving history, and a surcharge typically runs three to five years. Paired with other traffic violations, the combined effect on your rates can be substantial.
Why Officers Rarely Stop at an Open Container
An open container in the passenger area almost always triggers a wider impaired-driving investigation. If that investigation leads to a DUI arrest under SDCL 32-23-1, the penalties change category entirely, including license revocation and potential felony exposure for repeat offenses. The open container then functions as evidence of impairment rather than a standalone citation. Keeping any opened alcohol in the trunk, a locked glove box, or behind the last row of seats is the only reliable way to stay on the right side of both statutes.