Summer in New Jersey is filled with tailgates, BBQs, concerts, and beach trips—many of which include alcohol. But before you crack open a beer in a parking lot or sip a cocktail from the passenger seat, it’s important to know what’s legal—and what could land you in trouble. According to seasoned DUI attorney Andrew Maze, misunderstandings around open container laws are one of the most common ways people find themselves facing fines or even DUI charges. Learn more about open containers and tailgates, and what’s legal in New Jersey.
What Exactly Is an “Open Container”?
Under New Jersey law (N.J.S.A. 39:4-51b), an “open container” includes any alcoholic beverage that has been opened, has a broken seal, or has had some contents removed. This applies to cans, bottles, or even a cup of alcohol.
Andrew Maze explains: “A lot of people think if the car’s not moving, they’re in the clear—but that’s just not true in New Jersey. Whether you’re parked or on the highway, having an open container in the passenger area can still get you cited.”
The law applies to both drivers and passengers, and it covers all public roads, highways, and even public parking lots.
Are Tailgates Legal Drinking Zones?
Tailgating is a huge part of the summer and fall event scene, especially before sports games. But whether it’s legal to drink depends largely on where you’re tailgating and who owns the property.
- Private Venue Lots: Many stadiums and event spaces on private property permit alcohol during tailgates, but only in designated areas. Even then, underage drinking is illegal, and excessive behavior can still result in charges.
- Public Spaces: Open container laws are often strictly enforced in municipal or state-owned lots. “Just because everyone else around you has a drink doesn’t mean you’re safe,” Maze notes. “I’ve seen people charged for open containers during tailgates or festivals simply because they didn’t check local rules.”
Drinking in a Parked Car? Think Again
One of the biggest misconceptions Maze hears from clients: “I wasn’t driving—I was just sitting in the car.”
Unfortunately, that won’t hold up. If there’s an open container in the passenger area of a vehicle—whether it’s running or not—you could be violating New Jersey’s open container law. And if the driver shows any signs of impairment, things can escalate to a DUI charge very quickly.
Penalties for Open Container Violations
Violating open container laws in New Jersey carries penalties that may include:
- A $200 fine for a first offense
- A $250 fine or up to 10 days of community service for additional offenses
But Andrew Maze warns, “These cases can sometimes lead to more serious charges, especially if there’s suspicion of intoxication or if minors are involved. That’s when you need to talk to a lawyer—immediately.”
Stay Safe (and Legal) This Summer
To avoid unnecessary trouble this summer, Maze recommends the following:
- Use designated tailgate areas where alcohol is allowed.
- Keep sealed alcohol in the trunk while driving.
- Avoid drinking in the car—parked or not.
- Know the venue’s rules before you assume it’s okay to drink.
Call Attorney Andrew Maze if You’ve Been Charged
If you’ve been cited for an open container violation or arrested after a tailgate or summer event, don’t try to handle it on your own. With years of experience handling DUI and traffic-related offenses across New Jersey, Andrew Maze understands the system—and how to fight for the best outcome possible.
“A small mistake shouldn’t ruin your summer—or your record,” says Maze. “Let’s talk before that ticket becomes something bigger.”