Which statement best defines an Open Container as used in the alcohol impairment statutes?

• A. A bottle that is unopened and sealed
• B. A bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, opened, has a broken seal, or the contents are partially removed
• C. A bottle kept in a locked glove compartment
• D. A bottle stored in the trunk

Answer: (B)

Open Container means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and is currently open, opened, has a broken seal, or has had some contents removed. The key idea is accessibility for consumption in the moment, so even a small amount in a vessel that isn’t sealed counts as open. This contrasts with a sealed, unopened bottle, which wouldn’t meet the definition, and with containers kept in a locked glove compartment or in the trunk, which are not in the readily accessible passenger area and thus aren’t described as open containers under this concept.