Yes, you can keep open alcohol in your trunk in California. Vehicle Code Section 23225 designates the trunk as the legal place to store any opened alcoholic container while the vehicle is on the road.1California Legislative Information. California Code VEH 23225 – Storage of Open Container The rule is straightforward for sedans. It gets more complicated for SUVs and hatchbacks, and the penalties change entirely if the driver or a passenger is under 21.
What Counts as an Open Container
An open container is any bottle, can, or other receptacle holding alcohol that has been opened, had its seal broken, or had any of its contents removed.2California Legislative Information. California Code VEH 23222 – Possession of Alcohol and Cannabis A re-corked wine bottle from dinner qualifies. So does a half-finished can of beer with the tab popped. Factory-sealed bottles that have never been opened aren’t covered by the storage rule at all, and you can keep sealed alcohol anywhere in the vehicle.
Putting It in the Trunk
Section 23225 makes it illegal for the registered owner to keep an open container in the vehicle unless it’s stored in the trunk. When the owner isn’t present, the same duty falls on the driver. The trunk works because it’s a separate, enclosed compartment nobody in the cabin can reach while the car is moving.
Heading home from a restaurant with a re-corked bottle? Put it in the trunk before you start driving. Setting it on the back seat, on the floor behind the passenger, or wedged between seats all violate the law, even with the cork jammed in tight.
SUVs, Hatchbacks, and Vehicles Without a Trunk
This is where people get tripped up. In a vehicle without a separate trunk compartment, the open container has to go in an area not normally occupied by the driver or passengers. In a typical SUV or hatchback, that means the rear cargo area behind the last row of seats.
The statute is explicit about one thing that surprises most people: glove compartments and utility compartments are treated as part of the passenger area. Stashing an open bottle in your glove box violates the law even if you lock it.
Off-highway vehicles that require state identification stickers face a stricter rule. Open containers must be placed in a locked container, meaning a fully enclosed box with a padlock, key lock, or combination lock.
Passengers and Owners Are Covered Too
The trunk rule isn’t just aimed at drivers. Section 23223 prohibits passengers from personally possessing an open container in a moving vehicle on a highway,3California Legislative Information. California Code VEH 23223 – Passenger Possession of Open Container and Section 23226 separately bars anyone from keeping an open container in the passenger compartment regardless of who “possesses” it.4California Legislative Information. California Code VEH 23226 – Open Container in Passenger Compartment Section 23222 covers the driver personally.2California Legislative Information. California Code VEH 23222 – Possession of Alcohol and Cannabis
The practical effect: you can’t hand a bottle to your passenger and claim it isn’t yours. Both of you can be cited, and the registered owner is on the hook for improper storage.
When the Rules Don’t Apply
Section 23229 carves out a few exceptions.5California Legislative Information. California Code VEH 23229 – Exceptions to Open Container Laws Passengers in licensed buses, taxis, limousines, and pedicabs may possess an open container, and the drivers and owners of those vehicles are exempt from the storage rules. Passengers in the designated living quarters of a motorhome or camper are also exempt, though someone sitting in the driver’s or front passenger seat of a motorhome does not count as being in the living quarters.
Rideshare vehicles like Uber and Lyft sit in a gray area. Even where the statutory exemption might technically apply, both platforms prohibit open containers as a matter of company policy, and drivers routinely refuse rides when passengers bring open drinks aboard.
Penalties for Adults
For anyone 21 or older, an open container violation is an infraction, not a misdemeanor. You get a ticket, not an arrest or a criminal record. The base fine is commonly cited at up to $250, but California adds mandatory surcharges, penalty assessments, and court fees that can push the total to several hundred dollars.6Lassen County Superior Court. Uniform Bail and Penalty Schedule Effective January 1, 2026 If you don’t pay within 20 days, California adds a late charge of 50 percent on top.
Insurers also treat an open container conviction as a risk indicator, and premium increases can persist for several years after a citation.
Under-21 Penalties Are a Different Situation
The stakes change entirely if the driver or a passenger is under 21. Section 23224 makes it a misdemeanor for anyone under 21 to knowingly drive with, or possess, any alcoholic beverage in a vehicle. The law reaches both open and sealed containers.7California Legislative Information. California Code VEH 23224 – Persons Under 21 Carrying Alcohol
A conviction carries a fine of up to $1,000, up to six months in county jail, or both. If the vehicle is registered in the offender’s name, it can be impounded at the owner’s expense for up to 30 days. A misdemeanor also creates a criminal record that follows you into job applications, housing, and professional licensing.
There are narrow exceptions. An under-21 driver or passenger isn’t in violation when accompanied by a parent, legal guardian, or a responsible adult designated by the parent, and the alcohol is being transported for a legitimate purpose. Employees of licensed alcohol retailers handling beverages during work hours are also exempt.
National Parks and Other Federal Land
California contains large stretches of federal land, including Yosemite, Sequoia, Joshua Tree, and Death Valley. On those lands, federal regulations apply alongside state law. The federal rule at 36 CFR 4.14 tracks California’s trunk exception closely: open containers stored in a trunk, or in a luggage storage area not accessible to the driver or passengers, are permitted, and glove and utility compartments still count as accessible.8eCFR. 36 CFR 4.14 – Open Container of Alcoholic Beverage
Two federal exceptions are worth knowing. If your vehicle is parked at an authorized campsite where you’re actively camping, open containers inside the vehicle are allowed. The living quarters of a motorhome or camper are also exempt, matching state law. While driving park roads between campsites, the standard trunk-or-cargo-area rule applies.