Public Drinking: Understanding Open Container Laws in Colorado

There is nothing like popping the top on a cold one at the end of the day to celebrate a job well done. While many of us have our favorite beverage waiting in the fridge at home, what does Colorado's law say about public drinking and open containers?

Colorado's open container law is part of the state's revised statutes and can be found in Section 42-4-1305. Scroll on to learn the details.

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What Does Colorado's Open Container Law Say?

The important part of this law says that any passenger in a vehicle is prohibited from consuming alcohol or possessing an open container of alcohol. This law is specific to having open alcohol in a vehicle. In Colorado, an open alcoholic beverage is any bottle, can, or container that is open or no longer sealed. The only exceptions for open alcohol are when you are a passenger in a vehicle for hire and not sitting in the front seat.

What is the Penalty for an Open Container in Colorado?

An open container in your car in Colorado is a Class A infraction according to the Law Offices of Mark Rubinstein, and comes with a $50 fine. The fine is the same for open alcohol or an open container of marijuana.

Can You Walk Around With a Beer in Colorado?

In most states and counties in America, the answer is usually no in public places. While each city and county have its own specifics, having open alcohol while walking down the street is generally not allowed. According to the law office of Colin Bresee, many cities and State Parks in Colorado do allow you to consume alcohol but it has to be less than 3.2$ ABV. Most beverages contain more alcohol than this, so most beverages would not be permitted to be consumed in such places.