Can I drink alcohol in the passenger seat without getting pulled over in WA?

More traffic fatalities occur on Washington’s roads during summer months than any other time of year. In order to crack down on dangerous driving, law enforcement puts extra emphasis on traffic patrols during the summer.

According to the Washington Traffic Safety Commission, there were 253 fatal crashes on state roadways between June and September 2024.

Patrols will be looking for dangerous behaviors like speeding and drunk driving.

However, what if you’re found drinking alcohol in a car, but your driver hasn’t had a drop? How can you expect law enforcement to react? Will you get pulled over for drinking in the passenger seat?

Here’s what the law says.

Drinking alcohol in a vehicle on the highway is a traffic infraction, according to the Revised Code of Washington. It’s illegal to have an open container with an alcoholic beverage in a vehicle at all, regardless if the driver drinks from it.

What counts as an open container? The state law describes it as “a bottle, can, or other receptacle containing an alcoholic beverage if the container has been opened or a seal broken or the contents partially removed.”

The primary reason passengers cannot drink is to prevent driver’s access. If a passenger has an open container, they can easily pass it to the driver. Law enforcement would have no way to determine if the driver had been drinking and simply passed the container to a passenger.

Open containers in vehicles are considered a primary violation, meaning you can get pulled over for having one. In a previous interview, WSP Trooper Chris Thorson said troopers on patrol look for concerning behaviors, like speeding and signs of impairment. If a trooper spots an open container of alcohol, you may get pulled over.

Additionally, you cannot keep an open container in the car unless it is kept somewhere not normally occupied by passengers, like the trunk. This means drinks cannot be kept in the glove or utility compartment “for later.” This infraction falls on the registered owner of the car, or the driver if the registered owner is not present.

It is an additional infraction to try and disguise an alcoholic beverage in order to get around this state code.

These traffic infractions come with a fine of $145.

If minors are involved in any of the aforementioned infractions, there is potential for an additional charge for a Minor in Possession of Alcohol. This is assessed on a case-by-case basis, according to Thorson.

There are some exceptions to this, however. The code does not apply for open containers:

• In public services commercially chartered for group use, like a party bus.
• In the living quarters of motor homes or campers.
• With passengers in a licensed for-hire vehicle (not rideshares), like a limousine.
• When a privately owned vehicle is driven by a licensed employee under normal work conditions, like a golf course beverage cart attendant.

Counties within Washington may have their own provisions regarding open containers on public and private roads.

Each year, the Traffic Safety Commission takes part in the 100 Days of Summer campaign, aimed at improving road safety in Washington between June and September.

The 100 Days of Summer campaign includes the Safe Roads Challenge this year, an app available to Washingtonians.

The Safe Roads Challenge app gives you a report card for how safe your driving is. You can compete against other drivers and earn rewards for safe driving practices, including a drawing for the top prize (up to $100,000), according to the Traffic Safety Commission’s news release.

The challenge began on Memorial Day and closes on Labor Day.