No, a passenger cannot drink in a car in Oklahoma. It is against state law for anyone, including passengers, to consume alcohol from an open container in a moving vehicle.
Understanding Oklahoma's Open Container Laws
Oklahoma has strict laws regarding the possession and consumption of open alcoholic beverages in vehicles. These regulations are designed to enhance public safety and reduce impaired driving incidents.
Under Oklahoma law, it is illegal to have any open bottles, cans, or any other vessel with an open seal containing alcohol in a moving vehicle within the state. This prohibition applies broadly and includes:
- Any alcoholic beverage: Whether it's beer, wine, spirits, or mixed drinks.
- Any open container: This means the seal has been broken, or the container is partially consumed. Even if a bottle has a cap, but the seal was broken, it's considered open.
- In a moving vehicle: The law specifically targets vehicles that are in motion.
Passenger Prohibition
Crucially, this law specifically prohibits passengers from drinking while someone else is driving. Many people mistakenly believe that only the driver is subject to open container laws, but in Oklahoma, the restriction extends to all occupants of the vehicle. Therefore, even if you are not the one operating the vehicle, you are not permitted to consume alcohol from an open container inside it while it is moving.
Key Takeaways for Passengers in Oklahoma
- Zero Tolerance: Oklahoma has a clear "open container" law that applies to all occupants.
- No Exceptions: Whether you're in the front seat, back seat, or even a limobus (unless it's a licensed commercial vehicle specifically exempted, which a private car is not), the rule applies.
- Avoid Fines: Violating this law can result in fines and other penalties.
To ensure compliance with Oklahoma law, any alcoholic beverages transported in a vehicle should remain in their original, unopened containers and ideally stored in the trunk or a place not readily accessible to anyone in the vehicle's cabin.
