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Open Container Law in Georgia

How Georgia law treats open container in a car: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: No one may drink alcohol or have an open alcoholic beverage container in the passenger area of a vehicle on a public road or shoulder. O.C.G.A. § 40-6-253

Open container in a carNo one may drink alcohol or have an open alcoholic beverage container in the passenger area of a vehicle on a public road or shoulder. Only the person who possesses or drinks it is charged, but a driver alone in the vehicle is considered to possess any open container in the passenger area. A locked glove compartment and, in cars without a trunk, the area behind the last upright seat are not part of the passenger area; passengers in vehicles for hire and in motor home living quarters are exempt, and properly resealed restaurant wine is not an open container. The fine is up to $200.
Read on codes.findlaw.com (a public copy of the official code); check against the official code.

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FAQ

What is the open container law in Georgia?
No one may drink alcohol or have an open alcoholic beverage container in the passenger area of a vehicle on a public road or shoulder. Only the person who possesses or drinks it is charged, but a driver alone in the vehicle is considered to possess any open container in the passenger area. A locked glove compartment and, in cars without a trunk, the area behind the last upright seat are not part of the passenger area; passengers in vehicles for hire and in motor home living quarters are exempt, and properly resealed restaurant wine is not an open container. The fine is up to $200.
Can I get a court-appointed lawyer for open container in a car in Georgia?
Georgia's rule on court-appointed lawyers: Applicants must complete and sign an application and verification and are interviewed at the detention center or the public defender's office. Income standards under O.C.G.A. § 17-12-2, as stated by the public defender office: for misdemeanors, probation violations and county or municipal offenses, a person who 'earns less than 100 percent of the federal poverty guidelines'; for juveniles, those 'whose parents earn less than 125 percent of the federal poverty guidelines'; for felonies, 'less than 150 percent of the federal poverty guidelines' — each with an exception for people with other resources that could reasonably pay for a lawyer, and no one with income above 150 percent of the federal poverty level is considered indigent. Application fee: Georgia law requires every person who applies for public defense services 'to pay the Public Defender Office a single fee of $50'; 'The court shall waive this fee if it finds that you are unable to pay the fee or that hardship will result if the fee is charged.' Attorney fees for court-appointed representation may also be imposed by the court at sentencing. O.C.G.A. §§ 15-21A-6(b), 17-12-2 (as quoted by the Chatham County Public Defender Office, Eastern Judicial Circuit)
How much does a lawyer for open container in a car cost in Georgia?
Lawyers set their own fees, and Georgia has rules on how they may charge. See hiring a criminal defense lawyer in Georgia for fee rules, how to check a lawyer's license and free help.
Can a conviction for open container in a car be removed from my record in Georgia?
Each state sets its own rules for sealing or expunging records. See Georgia expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.