All Laws Decoded

Open Container Law in New Hampshire

How New Hampshire 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 driver may carry or possess alcohol in the passenger area of a vehicle on a public way except in the original sealed container; RSA 265-A:44

Open container in a carNo driver may carry or possess alcohol in the passenger area of a vehicle on a public way except in the original sealed container; opened and recapped containers must go in the trunk, or the least accessible area if there is no trunk. Passengers face the same rule on public ways and in public parking areas. A violation is a 'violation' with a $150 fine, and a driver may also have the license suspended for 60 days for a first offense and up to one year for a repeat. Passengers in a chartered bus, taxi or limousine for hire are exempt (the driver is not), as are living quarters of a motor home.
Source: RSA 265-A:44

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FAQ

What is the open container law in New Hampshire?
No driver may carry or possess alcohol in the passenger area of a vehicle on a public way except in the original sealed container; opened and recapped containers must go in the trunk, or the least accessible area if there is no trunk. Passengers face the same rule on public ways and in public parking areas. A violation is a 'violation' with a $150 fine, and a driver may also have the license suspended for 60 days for a first offense and up to one year for a repeat. Passengers in a chartered bus, taxi or limousine for hire are exempt (the driver is not), as are living quarters of a motor home.
Can I get a court-appointed lawyer for open container in a car in New Hampshire?
New Hampshire's rule on court-appointed lawyers: When a defendant charged with a felony or a class A misdemeanor appears without counsel, the court advises the defendant of the right to counsel and that counsel will be appointed if the defendant cannot afford it. The court instructs the defendant to complete a financial statement under oath and, if satisfied the defendant is financially unable to obtain counsel, appoints counsel — first the public defender program (RSA 604-B), then a contract attorney, then any qualified attorney. The court shall appoint counsel without formal application where mental illness interferes with the defendant's ability to communicate or apply. RSA 604-A:2
How much does a lawyer for open container in a car cost in New Hampshire?
Lawyers set their own fees, and New Hampshire has rules on how they may charge. See hiring a criminal defense lawyer in New Hampshire 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 New Hampshire?
How release before trial works in New Hampshire: At the defendant's appearance, the court orders the person released on personal recognizance or an unsecured appearance bond, released on conditions, or detained. The court shall not impose a financial condition that will result in the pretrial detention of the person solely as a result of that financial condition, unless after a hearing it finds probable cause that no reasonable alternative assures compliance (§ 597:2, IV). The court may detain a person if it finds probable cause that release will not reasonably assure appearance or will endanger the safety of the person or the public (§ 597:2, III(a)). Persons charged with listed qualifying offenses (including homicide, certain assaults, sexual assault, kidnapping and robbery) are not brought before a bail commissioner and are detained pending arraignment, which must occur within 36 hours excluding weekends and holidays (§ 597:2, III(c)). A person charged with a class B misdemeanor is released on personal recognizance pending arraignment unless release would endanger safety (§ 597:2, XIII). A detained person may seek a hearing on reconsideration within 36 hours after the filing of the motion, excluding weekends and holidays (§ 597:2, XIV(a)). RSA 597:2 What happens after an arrest.
Can a conviction for open container in a car be removed from my record in New Hampshire?
Each state sets its own rules for sealing or expunging records. See New Hampshire 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.