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Open Container Law in Michigan

How Michigan 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: The driver and any occupant may not transport or possess alcohol in an open, uncapped or unsealed container in the passenger area of a vehicle on a highway, or of a moving vehicle in any area open to the public, including parking lots. MCL 257.624a; MCL 257.901(2)

Open container in a carThe driver and any occupant may not transport or possess alcohol in an open, uncapped or unsealed container in the passenger area of a vehicle on a highway, or of a moving vehicle in any area open to the public, including parking lots. In a vehicle without a trunk, containers may be kept in a locked glove compartment, behind the last upright seat, or in an area not normally occupied. Passengers in state-authorized chartered vehicles (and, unless a local ordinance bars it, commercial quadricycles) are excepted. A violation is a misdemeanor; the sentence may include community service and substance abuse screening. Unless otherwise provided, a Vehicle Code misdemeanor is punishable by up to 90 days and/or a $100 fine.
Default misdemeanor penalty: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-257-901 Re-verified in browser 2026-10-27 against legislature.mi.gov (all numeric values checked).

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FAQ

What is the open container law in Michigan?
The driver and any occupant may not transport or possess alcohol in an open, uncapped or unsealed container in the passenger area of a vehicle on a highway, or of a moving vehicle in any area open to the public, including parking lots. In a vehicle without a trunk, containers may be kept in a locked glove compartment, behind the last upright seat, or in an area not normally occupied. Passengers in state-authorized chartered vehicles (and, unless a local ordinance bars it, commercial quadricycles) are excepted. A violation is a misdemeanor; the sentence may include community service and substance abuse screening. Unless otherwise provided, a Vehicle Code misdemeanor is punishable by up to 90 days and/or a $100 fine.
Can I get a court-appointed lawyer for open container in a car in Michigan?
Michigan's rule on court-appointed lawyers: Under the Michigan Indigent Defense Commission Act, the local indigent criminal defense system determines indigency (including partial indigency) not later than the defendant's first appearance in court, considering income, property, obligations, dependents, employment and training history, and education. A defendant is indigent if unable to obtain competent, qualified legal representation without substantial financial hardship to himself or herself or dependents; substantial financial hardship is rebuttably presumed if the defendant receives personal public assistance (including food assistance, TANF, Medicaid or disability insurance), resides in public housing, earns an income less than 140% of the federal poverty guideline, is serving a sentence in a correctional institution, or is receiving residential mental health or substance abuse treatment. Others receive a more rigorous screening. A partially indigent defendant contributes an amount set under MIDC standards, subject to prompt judicial review. The defendant must apply for indigent defense counsel and establish indigency, with statements made under oath or an equivalent affirmation. No application fee is stated in this section. MCL 780.991(3)
How much does a lawyer for open container in a car cost in Michigan?
Lawyers set their own fees, and Michigan has rules on how they may charge. See hiring a criminal defense lawyer in Michigan for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for open container in a car in Michigan?
How release before trial works in Michigan: Except as otherwise provided by law, a person accused of a criminal offense is entitled to bail, and the amount of bail shall not be excessive. The court fixes the amount, and in doing so must consider and make findings on the record as to each of: the seriousness of the offense charged, the protection of the public, the previous criminal record and the dangerousness of the person accused, and the probability or improbability of the person accused appearing at trial. If the court allows a 10% deposit bond, the accused may instead post a surety bond, approved by the court, for one-quarter of the full bail amount. For an ordinance violation or misdemeanor, the court may accept surrender of a valid driver's license in place of other security or as a condition of personal-recognizance release. MCL 765.6 What happens after an arrest.
Can a conviction for open container in a car be removed from my record in Michigan?
Each state sets its own rules for sealing or expunging records. See Michigan 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.