KRS 189.221: Open Container Violations in Kentucky

What Is KRS 189.221?

KRS 189.221 is Kentucky’s open container law. It prohibits drivers and passengers from possessing open alcoholic beverages in the passenger area of a motor vehicle on a public roadway. While not as serious as a DUI, an open container violation can complicate your life — especially if charged alongside other offenses in Lexington or Louisville.

What the Statute Prohibits

KRS 189.221 makes it unlawful to:

Drink alcohol while driving
Possess an open container of alcohol in the passenger area
Have a previously opened alcohol container accessible to the driver or passengers

The “passenger area” includes the seats and any area readily accessible to occupants. The trunk and locked storage compartments are generally exempt.

What Counts as “Open”?

An open container is any bottle, can, or other receptacle that:

Has been opened
Has a broken seal
Has had any contents removed

Penalties Under KRS 189.221

Open container violations are typically charged as violations rather than misdemeanors:

Fine of $35 to $100
Court costs
No jail time for the violation alone
No points on your driver’s license for a violation-level charge

The Real Concern: Related Charges

Open container charges rarely come alone. They are often paired with:

DUI under KRS 189A.010: The presence of open alcohol can be evidence of impaired driving
Public intoxication: If you’re not driving but visibly intoxicated
Furnishing alcohol to a minor: If younger passengers are involved
Drug possession: Once police search your vehicle, they often find more

Defenses to Open Container Charges

The container was not actually open or accessible
The container was located in the trunk or other excluded area
The vehicle was not on a public roadway
The “alcohol” was actually something else (coffee, etc.)
Challenging the legality of the vehicle search

Don’t Pay Without Talking to Clark + Harris

Even a violation can become an issue if it’s connected to a more serious charge or if it appears as a pattern in your record. Call 859-474-0001 — Lexington, Louisville, all of Kentucky. 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful: