Florida Traffic Ticket Update: November 10, 2026

Florida Traffic Ticket Update: November 10, 2026

Open containers in the car this holiday season: what drivers and passengers need to know, the exemptions, and what a ticket can cost

Driver’s Guide: Can I Get a Ticket for an Open Container in My Car in Florida?

Yes. Under Florida law, it’s illegal for anyone in a vehicle, driver or passenger, to have an open alcoholic drink or to drink while the vehicle is being driven. The same rule applies while the car is parked or stopped on a public road. An “open container” is any container of alcohol you could drink from right away or whose seal has been broken (s. 316.1936(1)–(2)).

Where the bottle sits matters. If no passenger has it and it isn’t in a locked glove compartment, locked trunk or other locked area outside the passenger space, the law treats it as the driver’s (s. 316.1936(3)). A container a passenger is holding counts as the passenger’s (s. 316.1936(4)).

For a driver, an open container is a noncriminal moving violation; for a passenger, it’s a nonmoving violation (s. 316.1936(6)). The base penalty is $60 for a moving violation and $30 for a nonmoving violation, before court costs and fees are added (s. 318.18(2) and (3)(a)). A driver’s moving violation that isn’t separately listed generally carries 3 points on your license (s. 322.27(3)(d)8.).

What this means for you: Heading to a Thanksgiving dinner, a game or a holiday party in Miami-Dade, Broward or Palm Beach? Put any opened bottle in the trunk before you drive. A driver’s open container ticket can add points, and points can raise your insurance and lead to a suspension.

Source: Florida Statutes s. 316.1936 — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1936.html
Source: Florida Statutes s. 318.18 — https://www.flsenate.gov/Laws/Statutes/2025/318.18
Source: Florida Statutes s. 322.27 — https://www.flsenate.gov/Laws/Statutes/2025/322.27

Common Questions

Can passengers drink in a limo, party bus or motor home? In some cases. The open container law doesn’t apply to passengers when the driver is carrying passengers under a contract and holds a valid commercial driver license with a passenger endorsement, to bus passengers with a properly licensed driver, or to passengers in a self-contained motor home longer than 21 feet (s. 316.1936(5)). A friend driving a regular car doesn’t fit any of these exceptions.
Source: Florida Statutes s. 316.1936(5) — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1936.html

Can I take a recorked bottle of wine home from a restaurant? Generally, yes, if it’s done properly. Florida’s open container law says a bottle that’s been resealed by a licensed seller or its employee, and transported under the state’s resealing rules, is not an open container (s. 316.1936(9)). Ask the staff to reseal it and don’t reopen it in the car.
Source: Florida Statutes s. 316.1936(9) — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1936.html

Is it legal to drink in a car that’s parked on the street? No. The law also covers anyone seated in or on a vehicle that’s parked or stopped on a road, and “road” includes the sidewalks and right-of-way next to it (s. 316.1936(1)(b), (2)(b)). Tailgating on private property is a different situation, but parking on the street to drink is not.
Source: Florida Statutes s. 316.1936(2)(b) — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1936.html

Can my city or county have stricter rules? Yes. Florida lets counties and cities adopt ordinances that restrict alcohol in vehicles more tightly than state law (s. 316.1936(7)), so check local rules before a game or event.
Source: Florida Statutes s. 316.1936(7) — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1936.html

Got a ticket? Talk to us before you pay. Traffic Ticket Team handles traffic tickets in Miami-Dade, Broward, and Palm Beach counties. Call (954) 967-9888 or visit trafficticketteam.com for a consultation.

Sources

• Florida Statutes s. 316.1936 — http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1936.html
• Florida Statutes s. 318.18 — https://www.flsenate.gov/Laws/Statutes/2025/318.18
• Florida Statutes s. 322.27 — https://www.flsenate.gov/Laws/Statutes/2025/322.27

This post is for general information only and is not legal advice. Prior results do not guarantee a similar outcome.