Transporting alcohol in Kentucky? Here’s what state law says you can and can’t do
It should go without saying it’s illegal in Kentucky for drivers to drink alcohol or get behind the wheel when they’re under the influence.
But what if you’re a passenger or even a pedestrian on the sidewalk?
Here’s what state law has to say about these questions and what you can and can’t do while transporting alcohol in Kentucky.
What is considered an open container in Kentucky?
Kentucky law draws distinctions between unsealed and “resealed” alcoholic beverage containers, and there are different rules for each.
When motor vehicles are involved, state law is clear: People are not allowed to have open alcoholic beverages within the passenger area of a motor vehicle “located on a public highway or on the right-of-way of a public highway” in Kentucky.
That said, there are some limited exceptions, which are also laid out in state law.
Kentucky Revised Statute 243.115, for example, permits restaurants licensed under the state’s liquor laws to let a patron take one open container of wine from the establishment for consumption off premises. There are some requirements, however. The patron must have purchased and partially consumed the bottle on the restaurant’s premises, and employees must “reseal” the beverage in a special way before the patron can leave with it.
The restaurant must also provide the patron with a dated receipt for the wine. If the patron is transporting the resealed beverage via motor vehicle, it must be stored in a locked glove compartment, the vehicle’s trunk or somewhere that is not a passenger area.
Can you walk around with alcohol in Kentucky?
Two Kentucky statutes, KRS 525.100 and KRS 222.202, lay out what is considered public intoxication and drinking in public.
Under the first statute, a person is considered guilty of public intoxication “when he appears in a public place manifestly under the influence of a controlled substance, or other intoxicating substance, excluding alcohol (unless the alcohol is present in combination with any of the above), not therapeutically administered, to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.”
As explained by the Lexington-based Baldani Law Group, a criminal defense law firm, the clause that refers to “excluding alcohol” reflects the fact that someone “cannot be charged with both an open container and a drinking in public or public intoxication offense if they arise out of the same event.”
KRS 222.990 lays out the penalties for public intoxication. Under that statute, for a first or second offense, the guilty person gets a fine of at least $25. On a third of subsequent offense within a 12-month period, the guilty party shall be fined no less than $25 and no more than $100. They can also be jailed between five to 90 days and may also be required to complete alcohol treatment.
Another statute, KRS 222.202, also defines drinking in public as a crime, stating a person is guilty when they consume alcohol in a public place, in or upon any passenger coach (train car), other vehicles commonly used to transport passengers and in or about any depot, platform or waiting room.
Of course, in the case of festivals or similar public events where alcohol is served, KRS 243.260 allows event organizers to obtain a special permit to temporarily sell and serve alcohol for a set number of days and only on event premises. These special permits are only granted for events held in wet counties.
Can passengers drink in the car in Kentucky?
Generally, open alcoholic beverages are not allowed within the passenger areas of vehicles. There is, however, one notable exception for types of vehicles in which a passenger strictly along for the ride could consume.
KRS 189.530, the state law that establishes the rules around open containers in motor vehicles, states “nothing in this section shall prohibit the possession of an open alcoholic beverage container by an individual who is strictly a passenger and not the driver, in the passenger area of a motor vehicle maintained or used primarily for the transportation of persons for compensation, such as buses, taxis, and limousines, or in a recreational vehicle, motorhome or motor coach.”
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