Can you drink while someone else drives in Kentucky? What state law allows
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- Kentucky bans open alcoholic containers in vehicle passenger areas on highways.
- Exceptions exist for hired transport like limousines, taxis or motorhomes.
- Violations trigger fines up to $100 and may raise insurance costs or lead to penalties.
Fewer Kentuckians are dying in fatal crashes, with the number of highway fatalities in 2024 dropping to their lowest level in 10 years.
Still, of the 707 highway deaths reported in Kentucky last year, alcohol was a factor in 19%, almost 1 out of every 5 highway deaths in the state.
While most people recognize driving under the influence is a crime, what’s less clear is whether passengers can legally drink when someone else is behind the wheel in Kentucky. With the ubiquity of rideshare apps, such as Uber and Lyft, it can be even more murky.
Here’s what Kentucky law has to say about the topic, including the potential price you pay for having an open container on the road — even if you’re not the one driving.
What is considered an open container in Kentucky?
Kentucky law defines an open alcoholic beverage container to include any bottle, can or other receptacle that contains any amount of alcoholic beverage.
In addition, it must meet one of two conditions:
1. It has an open or broken seal, or
2. The container’s contents have been partially removed.
Can you drink alcohol as a passenger in a car in Kentucky?
Generally speaking, the answer is no.
KRS 186.530 prohibits open alcoholic beverage containers in the passenger areas of motor vehicles traveling on the highway or parked on the right-of-way.
The only exceptions permitted under Kentucky law apply to people who are strictly passengers riding in areas of vehicles for hire. Examples include buses, taxis, limousines, recreational vehicles, motorhomes or motor coaches.
Several state laws allow restaurants to “reseal” open containers of alcoholic beverages for customers to take home, including KRS 243.115, 243.117 and 243.081. However, these laws typically require the drink to be placed in a secure bag or container that makes it clear if the container has been subsequently opened or tampered with.
Additionally, they must also be stored in areas passengers can’t easily access, such as a locked glove box or the vehicle’s trunk. This reinforces the general rule prohibiting open containers in passenger areas.
What happens if you get pulled over and your passenger is drinking?
Driving with an open container could lead to fines ranging between $35 to $100, as explained by the law firm of Florence-based attorney Michael O’Hara.
In Kentucky, open containers are treated as violations rather than crimes, but multiple or more serious offenses can carry additional penalties, such as a suspended license or mandatory treatment program, according to O’Hara’s firm.
These offenses can also potentially affect your insurance premiums, as they’re often a signal to insurers of risky (and thus more costly) behavior.
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