N.J.S.A. 39:4-51b · DWI, Refusal & Alcohol/Drug Driving Offenses
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What the law says
Occupants of a motor vehicle on a public highway or its right-of-way are prohibited from possessing an open or unsealed alcoholic beverage container or an unsealed cannabis item intended to be consumed by smoking, vaping, or aerosolizing. The section specifies locations where possession is not deemed to occur and an exception for certain passengers possessing alcoholic beverages.
Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.
What the statute covers
Key rules in N.J.S.A. 39:4-51b that the State relies on:
- For a first offense, a person convicted of violating this section shall be fined $200.
- For a second or subsequent offense, a person convicted of violating this section shall be fined $250 or shall be ordered by the court to perform community service for a period of 10 days.
- For a first offense, a fine of $200.
- For a second or subsequent offense, a fine of $250 or community service for a period of 10 days, in such form and on such terms as the court shall deem appropriate under the circumstances.
- The prohibition on possession of an alcoholic beverage does not apply to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service.
- A person is not deemed to be in possession if the container or unsealed cannabis item is located in the trunk of a motor vehicle, behind the last upright seat in a trunkless vehicle, or in the living quarters of a motor home or house trailer.
- "Open or unsealed" means an alcoholic beverage container with its original seal broken, or a container or package that is not the original container or package, such as a glass, cup, box, bag, or wrapping.
- For a first offense, the court shall inform the person of the penalties for a second or subsequent violation.
- Lack of reasonable suspicion for the stop
- Alcotest calibration, 20-minute observation, and operator certification issues
- Field sobriety test administration and medical conditions
- Discovery of video, dispatch, and maintenance records
- Don't pay the ticket online. Paying is a guilty plea.
- Check your driver history abstract so you know your current points.
- Keep the summons and write down what happened at the stop.
- Tell your lawyer if you hold a CDL or already have points or suspensions.
- Call before your court date. Many tickets can be resolved without you missing work.
- Driving While Intoxicated (DWI) →
- Refusal to Submit to a Breath Test →
- DWI in a School Zone →
- Possession of CDS in a Motor Vehicle →
- N.J.S.A. 39:4-51b on Justia (2024 New Jersey Revised Statutes)
- NJ MVC points schedule
- NJ MVC surcharges
How the charge is graded
Penalties in the statute
Other rules that can matter
Common defense strategies
Every case turns on its facts, but defenses we often explore include:
What to do right now
How we help
Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Open Container of Alcohol in a Vehicle charge.
Related charges
Sources
Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.
Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.