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Is there an open container law in West Virginia?

Yes. West Virginia has an open-container law. Under W. Va. Code § 17C-5D-3 (2026), it is unlawful for an operator or passenger to knowingly possess an open alcoholic-beverage container in the passenger area of a motor vehicle on a public highway or its right-of-way, whether the vehicle is moving or stationary.[2]

The law also prohibits consuming alcohol in that area. Violations are misdemeanors punishable by a $50–$100 fine.[2] Exceptions apply to passengers in vehicles such as buses, taxicabs, and limousines, and to occupants of a motor home’s living quarters.[2]

An “open container” includes a bottle, can, or receptacle that contains alcohol and is open, has a broken seal, or has had contents partially removed.[1]

Sources & References

  1. West Virginia Code, 2015-RS-HB2148-SUB ENR
  2. W. Va. Code § 17C-5D-3

Related Questions

What defenses or exceptions could apply to an alleged West Virginia open-container violation?How does West Virginia’s open-container law differ from its DUI and public-consumption laws?
Is there an open container law in West Virginia? | OpenCase