You’re headed out with friends, maybe to a cabin or concert. Someone cracks open a beer in the backseat, thinking it’s no big deal. After all, they’re not driving. But in Tennessee, that could be a costly mistake.
So, can a passenger be charged for an open container in Tennessee? Yes—and here’s everything you need to know in 2025.
This article explains Tennessee’s open container laws as of this year, real enforcement statistics, what counts as possession, and how to avoid accidental violations. You’ll also get updates on how law enforcement has shifted focus in 2024–2025, especially in cities like Chattanooga and Knoxville.
What’s New in 2025: Key Legal Updates in Tennessee
As of July 1, 2024, Tennessee reinforced its commitment to alcohol-related traffic safety by increasing law enforcement budgets for DUI and open container enforcement through state grants supported by the Tennessee Highway Safety Office (THSO).
According to the 2024 THSO annual report, over 2,900 citations for open container violations were issued statewide, a 17% increase from 2023. Nearly 28% involved passengers.
Local cities like Nashville, Chattanooga, and Memphis have adopted stricter patrol enforcement, particularly during festival weekends, sports events, and holidays.
Understanding the Law: What Is Tennessee’s Open Container Statute?
Under Tennessee Code Annotated § 55-10-416, it is illegal for a person to possess an open container of an alcoholic beverage while inside a motor vehicle on a public road or highway.
The law defines a container as “open” if it has a broken seal or if some of the contents have been removed. The statute specifically prohibits having such containers in the passenger area, which includes the front seat, backseat, glove box, or center console.
Even if the vehicle is not in motion, being pulled over or parked on a shoulder can still lead to a violation.
Yes—Passengers Can Be Cited Under This Law
This law doesn’t apply only to drivers. Tennessee is among 43 states with some form of open container restriction, but unlike some jurisdictions, Tennessee doesn’t exempt passengers.
Passengers caught with open containers may face a Class C Misdemeanor, a fine up to $50, and additional court and administrative fees that may bring the total cost to $200. The charge can also appear in background checks.
More significantly, passengers can inadvertently trigger probable cause for a vehicle search or a DUI investigation, even if they’re completely sober.
What Law Enforcement Looks For in 2025
Based on statements from the Hamilton County Sheriff’s Office DUI Task Force in 2024, passengers are typically cited when a container is visible and within their reach, such as in a lap, a cup holder, or on the floor. Other signs include active drinking during a traffic stop, alcohol odor, or passenger admission during questioning. Even if the officer cannot prove the passenger consumed alcohol, possession alone can lead to a citation.
Real Scenarios: What Happens on Tennessee Roads?
During the 2024 University of Tennessee at Chattanooga football season, police noted a spike in open container incidents, often involving out-of-state students or rideshare passengers. In one case, several passengers were fined when an open seltzer was found rolling on the back floorboard.
In Nashville, a passenger in an Uber was charged after opening a mini wine bottle while stuck in traffic. Although the driver was unaware, the passenger still received a misdemeanor citation, highlighting that commercial vehicles like Uber are not exempt unless specially licensed.
In Gatlinburg, a couple transporting leftover alcohol from a rental cabin were cited when a wine bottle, only partially corked, was found in their backseat. They claimed ignorance of the cork not being fully sealed.
How the Law Applies in 2025: Tips from Legal Experts
According to the Davis & Hoss DUI Defense Services page, many open container charges are resolved in court through plea negotiations or dismissals, especially when possession is unclear. They emphasize that passengers often wrongly assume they are exempt, yet citations are increasingly common, particularly when combined with DUI or minor possession charges.
How to Protect Yourself in Tennessee
The safest choice is never to bring opened alcohol into the cabin area of a vehicle. All opened containers should be stored in the trunk or behind the last row of seats in an SUV. This rule also applies to rideshare services like Uber or Lyft, where passengers can still be cited. Travelers should be extra cautious during major events, holidays, or known enforcement periods like Riverbend Festival weekends.
Conclusion: A Small Mistake Can Have Legal Consequences
Tennessee’s open container law is strict, and enforcement in 2025 is more robust than ever. A passenger with an open alcoholic beverage within arm’s reach may be fined, recorded, and even become part of a more serious investigation. Travelers and residents alike should take this law seriously.
If you’ve been cited, it’s essential to consult a knowledgeable Tennessee criminal defense attorney. Firms like Davis & Hoss provide legal guidance tailored to these types of charges and can help protect your record and rights.
FAQ: Tennessee Open Container Law for Passengers
Can I legally drink as a passenger in Tennessee?
No. Passengers may not possess or consume alcohol in the passenger area of a motor vehicle on public roads.
What if the open container is in a backpack or purse?
If the alcohol is accessible and within the passenger area, it may still be considered possession and lead to a citation.
Are there any exceptions to this rule?
Some commercial vehicles, like limousines with specific licenses, may be exempt. Regular vehicles, rideshares, and personal cars are not.
Does this apply to parked cars?
Yes, if parked on a public highway or road shoulder. The law doesn’t apply to private driveways or lots.
How do police typically find open containers?
Officers may spot them visually during stops, notice the smell of alcohol, or ask passengers questions that lead to citations.
Will this appear on my record?
It can. Open container charges are misdemeanors and may show up in background checks unless dismissed or expunged.
What should I do if I’m cited as a passenger?
Contact a defense attorney who understands Tennessee traffic and criminal laws. Legal counsel may help reduce or dismiss the charge based on lack of control or improper search procedures.