Bringing home a bottle of wine after a hotel dinner may feel harmless, especially if it was paid for and resealed. However, depending on how and where you carry it, this simple act can lead to legal consequences. Georgia has specific open container laws that make it illegal in many situations to possess alcohol that is unsealed or partially consumed.
Knowing when and how you are allowed to carry an open or partially consumed alcoholic beverage is important.
Open containers in public areas
Georgia generally prohibits the consumption or possession of open alcoholic beverages in public spaces. If you walk from a hotel with a partially consumed bottle, even if it is capped, you may still be considered in violation if it is not sealed in a manner approved by the law. Some cities, such as Savannah’s Historic District, allow limited public consumption in designated zones using plastic to-go cups. Outside of such zones, local law enforcement may stop individuals found with visible or accessible open containers.
Carrying open alcohol in a vehicle
State law is very clear about open containers in vehicles. It is illegal to have an open alcoholic beverage in the passenger area of a vehicle that is on a public road or shoulder. This includes bottles with broken seals or those with contents partially removed. Even if the bottle is not being consumed, its mere presence in the passenger area can lead to fines. Exceptions are made for passengers in commercial transport vehicles or in the living areas of motorhomes.
Taking wine to-go from licensed premises
Restaurants and hotels may allow patrons to take home unfinished wine. However, the bottle must be properly resealed according to specific alcohol control provisions. If it is not sealed as required, the container is considered “open” and subject to restrictions. Carrying it in a compliant, sealed manner and placing it in the vehicle trunk or a space not readily accessible is recommended.
If you have been cited for carrying a partially consumed bottle, legal guidance may help clarify your situation and whether any defense is available.