Home US State Laws Colorado State Laws Open container law Colorado – Alcohol and Marijuana

Open container law Colorado – Alcohol and Marijuana

open container laws

US states have peculiar open container laws can applies within the state, violation of which could get one in trouble for DUI, the open container law Colorado is as follows, take note.

Are Passengers allowed to drink Alcohol in Vehicle?

State laws of Colorado, particularly CRS 42-4-1305 forbids a driver or passenger in a moving motor vehicle to consume alcohol. Exemptions are however made for the following situations:

  • Passengers in a limousine
  • Passengers in a motorhomes, a type of RV
  • other vehicles for hire. example: Taxis and shuttles.

Open Alcohol Container law Colorado

It is a breach of Colorado state law to have an open alcohol container within the passenger are of a moving vehicle. All alcohol in transport must be kept in the trunk/boot of the vehicle where the person driving cannot have access to the container. While a driver may have access to the trunk area of vehicles such as hatchbacks, jeeps, vans among others, it is technically not considered a violation if the drinks are place in the designated cargo area.

Transporting alcohol in the glove compartment, whether locked or not is a breach of the open container law Colorado, please take note.

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Open Container Law on Public drinking of Alcohol

Be conscious of the fact that while drinking in public spaces in Colorado state is allowed, the law restricts ABV % to 3.2% or below which only a few alcoholic beverages may qualify so make sure you check the ABV of the alcoholic drink before you get into trouble.

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Marijuana Open Container law in Colorado

Colorado’s open container laws for marijuana doesn’t differ much from the open container laws on alcohol. Driving a motor vehicle with an open container of marijuana is a violation.

An Open marijuana container is is defined as a container with marijuana in it and

  • has has an open lid or broken seal,
  • has it’s contents partially taken
  • A preponderance of evidence that marijuana has been used within the vehicle

Penalties for DUI in Colorado

Penalties for breach of traffic infraction CRS 42-4-1305, driving with an open container of alcohol or Marijuana include fines starting from $50.

Criminal charges could apply if the driver is or has been drinking alcohol. If a Breathalyzer detects that the drivers BAC is above 0.08, he could be charged with DUI and face imprisonment, fines and loss of license.

The contents of this page are for informational purposes only and doesn’t constitute legal advice.

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