DUI and Open Container Laws in Washington State: What You Need to Know

Washington’s open container laws go beyond just preventing drinking while driving—they address broader public safety concerns, covering both alcohol and cannabis. In today’s world, where beverage containers blur the lines between sparkling waters, energy drinks, and craft brews, understanding these laws is more critical than ever. Let’s unpack how open container laws work in Washington, what they prohibit, and how to avoid costly mistakes.

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What Are Open Container Laws?

Washington law defines an "open container" as:

  • Alcohol: Any vessel with a broken seal or partially consumed contents.
  • Cannabis: Any form of marijuana—buds, edibles, tinctures—stored improperly, unsealed, or within reach of the driver or passengers.

Even if you’re completely sober, having an open container in the wrong spot in your car can result in a traffic infraction or escalate into a more serious investigation, particularly during high-enforcement periods like holidays or summer months.

2024 and the Open Container Confusion

Modern packaging has added another layer of complexity. Many premium sparkling waters, energy drinks, and even non-alcoholic beverages mimic the look and feel of alcoholic products. For example:

  • Liquid Death: A sparkling water brand packaged in tallboy cans resembling craft beers.
  • Non-Alcoholic Beers: Craft brands with identical packaging to their alcoholic counterparts.
  • Energy Drinks: Flashy cans with logos and designs that could easily be mistaken for alcoholic seltzers.

Law enforcement officers may mistake these beverages for open containers during a traffic stop, leading to unnecessary searches, breathalyzer tests, or even field sobriety tests. Protecting yourself starts with being aware of how these situations can escalate.

What Happens If You’re Stopped?

If pulled over for a routine traffic violation—like speeding, swerving, or even driving too carefully—and an officer sees a questionable container:

1. Initial Assessment: The officer may ask questions about the container and its contents.

2. Secondary Investigation: If the container is mistaken for alcohol, this could lead to:

  • Field Sobriety Tests (FSTs).
  • A breathalyzer request.
  • Further searches to see if probable cause is established.

3. Potential Citations: Even if no impairment is found, you could face a fine or citation for improperly storing an open container.

How to Avoid Mistakes

To prevent unnecessary stops or complications:

  • Separate Questionable Containers: Keep any cans or bottles resembling alcoholic beverages sealed and stored out of reach, such as in the trunk.
  • Educate Passengers: Ensure everyone in the car knows Washington’s open container laws and respects them.
  • Document the Brand: If you’re carrying non-alcoholic beverages that resemble alcoholic ones, keep the packaging or receipt handy as proof.
  • Avoid Open Containers Entirely: Unless you’re in an exempt situation (like an RV’s living space or a licensed limousine), open containers should never be in the cabin.

What the Law Says

Under Washington’s Revised Code (RCW):

  • Alcohol: Any open container in a passenger-accessible area is.
  • Cannabis: Similar rules apply, with any form of marijuana required to be inaccessible during transit.
  • Penalties:
    • Open container violations are traffic infractions with fines up to $250.
    • Involvement of minors could lead to additional charges, including Minor in Possession (MIP) citations.

Are There Exceptions?

Yes, Washington law provides some exceptions:

  • Licensed Vehicles: Party buses and limousines may allow passengers to drink while in motion if the service is licensed to do so.
  • Living Quarters: RVs and campers are exempt when drinking occurs in the living space—not in the driver’s cabin.
  • Work-Related Use: Employees driving for work purposes (e.g., caterers or bartenders) may carry open containers if it’s part of their job.

Why Open Container Laws Matter

These laws exist to deter impaired driving, which remains a leading cause of fatalities on Washington roads. For example, state data reveals that nearly 38% of summer collisions involve impairment. Open container violations often serve as a gateway for law enforcement to investigate potential DUIs.

How Knauss Law Can Help

If you’ve been cited for an open container violation—or worse, if it’s escalated into a DUI charge—having experienced legal representation is critical. Here’s how Knauss Law can assist:

  • Former Prosecutors: We’ve worked on both sides of the courtroom, giving us unique insight into the state’s approach.
  • Thorough Defense: From challenging the stop to questioning how evidence was gathered, we leave no stone unturned.
  • Client-Centered Advocacy: Your case is as unique as you are, and we treat it with the attention it deserves.

Proactive Tips for Drivers

1. Plan Ahead: If you’re transporting open alcohol or cannabis, place it in the trunk or another inaccessible area.

2. Label It: Avoid carrying unmarked containers, especially for cannabis products.

3. Be Aware of Packaging Trends: Stay informed about beverages and products that could easily be mistaken for alcohol or marijuana.

Final Thoughts

Washington’s open container laws are about more than just avoiding a ticket—they’re about preventing misunderstandings and ensuring public safety. With modern packaging trends blurring the lines, even sober drivers need to stay vigilant. If you find yourself facing an open container citation, don’t navigate it alone.

Contact Knauss Law today. With our team of former prosecutors and resolute defense attorneys, we’re here to protect your rights and get the best possible outcome for your case.