In Tennessee, passengers can drink alcohol in a car under state law — the open container statute applies only to the driver. But many Tennessee cities and counties have passed local ordinances that extend the ban to passengers, so whether passengers can legally drink alcohol in a car in Tennessee depends on the specific jurisdiction you are driving through.1Justia. Tennessee Code 55-10-416 – Open Container Law
What State Law Says About Passengers
Tennessee Code § 55-10-416 prohibits the driver from consuming alcohol or possessing an open container while operating a motor vehicle. The statute stops there. It does not make it a crime for a passenger to drink or hold an open container.1Justia. Tennessee Code 55-10-416 – Open Container Law
The same statute expressly authorizes counties (by resolution) and municipalities (by ordinance) to extend the prohibition to passengers. Many of Tennessee’s larger cities have done so. That means a passenger who is legal on a rural state highway can be breaking the law the moment the car crosses into city limits. Before assuming passengers can drink freely on a trip, check the local ordinances for every jurisdiction along the route.1Justia. Tennessee Code 55-10-416 – Open Container Law
What Counts as an Open Container
The statute defines an open container as any receptacle holding alcohol whose seal has been broken or whose contents can be immediately consumed.1Justia. Tennessee Code 55-10-416 – Open Container Law A beer can with a pulled tab, a recorked wine bottle from dinner, or a flask with a loose cap all qualify. A factory-sealed bottle from the liquor store does not, because the seal is intact and the contents aren’t immediately drinkable.
The test isn’t whether someone is actively drinking. A half-finished bottle of wine sitting in a cup holder counts even if nobody touches it during the trip. That matters most in jurisdictions where local ordinances have extended the ban to passengers, because a leftover open bottle in the back seat can trigger a violation on its own.
Vehicles Where Passengers Can Always Drink
The state open container prohibition does not apply to passengers riding in a limousine, taxi, van, chartered bus, or any other vehicle-for-hire. Passengers in the living quarters of a motor home are also exempt.1Justia. Tennessee Code 55-10-416 – Open Container Law The driver of any of these vehicles is still prohibited from consuming alcohol or having an open container in the driver’s area.
These carve-outs line up with federal open container standards, which exempt vehicles designed for paid passenger transport and the living areas of recreational vehicles.2Office of the Law Revision Counsel. 23 USC 154 – Open Container Requirements
Rideshare Is a Special Case
Rideshare companies set their own stricter rules that go beyond state law. Lyft’s policy prohibits open containers in the vehicle and tells riders to finish any drink before the driver arrives. Drivers who allow it risk being deactivated from the platform.3Lyft Help. Zero-Tolerance Drug and Alcohol Policy Uber maintains a similar policy. You may not face criminal charges for holding a drink in a rideshare, but you can be removed from the trip and lose access to the service.
Public Intoxication Is a Separate Risk
Even where a passenger can legally hold an open container, being visibly drunk in a car on a public road can lead to a different charge. Tennessee’s public intoxication law makes it an offense to appear in a public place under the influence to a degree that endangers yourself, endangers others, or unreasonably annoys people nearby.4Justia. Tennessee Code 39-17-310 – Public Intoxication
Public intoxication is a Class C misdemeanor. Unlike the open container offense, it is not limited to a fine: the maximum penalty is up to 30 days in jail, a fine of up to $50, or both.5Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines for Felonies and Misdemeanors A passenger who becomes belligerent, grabs at the steering wheel, or stumbles into traffic during a stop is the situation this charge exists for. Quietly drinking and behaving normally is a very different picture.
Keep Alcohol Away From the Driver
State law is strict about the driver, and the definition of “in operation” is broader than most people think. A vehicle counts as in operation any time the engine is running, even parked. An open container is only considered outside the driver’s possession when it is in a closed glove compartment, the trunk, or another area of the vehicle that isn’t part of the passenger cabin. In an SUV or hatchback, the cargo area behind the rear seats works as a substitute for a trunk.1Justia. Tennessee Code 55-10-416 – Open Container Law
For passengers, the practical rule is simple. Don’t hand a drink to the driver. Don’t leave an open bottle within the driver’s reach. If you are bringing home unfinished wine from a restaurant, put it in the trunk or the closed glove compartment.
Why Tennessee’s Rule Looks Different
Federal law under 23 USC § 154 pushes every state to ban open containers for all vehicle occupants, not just drivers. States that don’t comply have a portion of their federal highway funding — 2.5% of certain funds — reserved each year until the state redirects it toward approved safety programs.2Office of the Law Revision Counsel. 23 USC 154 – Open Container Requirements
Tennessee is one of a small number of states that has accepted the funding penalty rather than extend its open container law to passengers statewide. Letting local governments decide whether to cover passengers creates a patchwork where the rules change from one jurisdiction to the next. Drivers coming in from neighboring states, where passengers are typically banned from drinking, often assume the same rules apply throughout Tennessee. They don’t.