Quick Summary:
- Drivers must not drink, and must keep alcohol out of reach.
- Passengers may drink only if not in a vehicle’s front area.
- Store opened bottles in the boot, or locked glovebox if allowed.
- Seal restaurant leftovers, bag them, and place them in the boot.
When you arrange car hire in Florida, it is natural to ask what is allowed with alcohol inside the vehicle, especially if you are travelling between restaurants, resorts, beaches, and theme parks. Florida’s open-container rules can feel different from the UK because the laws separate what the driver can do from what passengers can do, and they also depend on where in the vehicle a container is located.
This guide explains the practical side, what is permitted for drivers vs passengers, how to store sealed and unsealed containers, and the safest way to deal with unfinished drinks from restaurants. It is written for travellers using car hire, including families and groups who may have alcohol in shopping bags or takeaway packaging.
What Florida means by an “open container”
In Florida, “open container” generally refers to any container of alcohol that is open, has a broken seal, or has had some contents removed. That can include a can, bottle, cup, or other vessel. Even if a lid is back on, it can still count as open if the original seal has been broken.
What matters in day-to-day driving is not only whether the container is open, but also where it is located. Florida restricts open containers in the passenger area, with different treatment for the driver and for passengers seated in different parts of the vehicle.
Drivers: the safe rule is simple
If you are the driver of a hired car in Florida, do not drink any alcohol before or during driving. Florida enforces drink-driving laws, and you can be arrested if you are impaired. Also, open containers in the driver’s area can create additional legal problems and complications during a traffic stop or after an incident.
For practical car hire travel, follow these habits:
Keep alcohol completely separate from the driving space. That means no open bottles in cupholders, no “just one sip” at a red light, and no open cans in the door pocket. Even if you feel fine, the combination of impairment risk and open-container restrictions is not worth it.
Do not transport unsealed alcohol in the front area. If a bottle or can has been opened, move it to the boot (trunk). If you are in an SUV without a separate boot, use the most rearward storage area, ideally in a closed container or bag, out of immediate reach.
If you are picking up a vehicle at a major hub such as Miami Airport car hire, set expectations early with your group. Decide that any drinking happens after you arrive, not during the drive. This avoids awkward decisions later when the car is already in motion.
Passengers: can they drink alcohol in a moving car?
In Florida, passengers may be allowed to drink in a vehicle, but only under specific conditions. The key restriction is the “passenger area” and where the passenger is sitting.
As a practical takeaway for visitors using car hire: treat drinking in the vehicle as a bad idea unless you are absolutely sure it is lawful and sensible for your exact seating plan. Even where technically permitted, it can draw attention during a stop and it can increase the driver’s risk, because an officer may scrutinise the driver more closely if alcohol is present.
Florida generally prohibits open containers in the passenger area, but allows an exception for passengers in parts of the vehicle not typically occupied by the driver, such as the rear living quarters of a motorhome, or in some situations where the passenger is not seated in the front area. However, many visitors misjudge what counts as the “front area”. In a standard saloon, estate, SUV, or minivan, the front area includes the driver and front passenger seats and the space within reach of those seats.
If your plan involves travelling around Orlando with a larger group, a people carrier can make storage simpler because you can keep bags in the rear, away from the front seats. For space-focused trips, see details for minivan rental near Disney Orlando, which can help keep luggage and any purchases properly stowed.
Where to store sealed alcohol in a hired car
Sealed alcohol is usually fine to transport, but storage still matters. A sealed bottle of wine or spirits from a shop should remain unopened while the car is in motion. Keep it out of the passenger area when possible, especially if it might roll around or be mistaken for an open container.
Best practice for sealed alcohol:
Use the boot. Put bags in the boot so they are clearly not being handled during the drive. This is the simplest approach in saloons and most hire vehicles.
Keep receipts and keep packaging intact. If you have a bag from a retailer, do not open it in the car. Leave the item sealed until you reach your accommodation.
Avoid the front seat. Even sealed alcohol on the front passenger seat can create unwanted questions if you are stopped.
If you are collecting supplies near Miami, you might be driving between neighbourhoods with frequent traffic lights and occasional police presence. When using car hire in Coral Gables, store purchases in the boot before you set off rather than adjusting bags at the kerb.
What to do with opened bottles, cans, and mixed drinks
Opened containers are where travellers get caught out. Maybe someone opened a beer at the hotel, then carried it into the car, or a cocktail came in a plastic cup with a lid. Regardless of container type, once it is open, it should not be in the passenger area while driving.
Use these rules of thumb:
If it is open, it goes in the boot. Do not keep it in a cupholder, even if the passenger is holding it.
If there is no separate boot, make it inaccessible. In many SUVs and crossovers, the rear storage area is open to the cabin. Put open containers as far back as possible, ideally in a closed box or cooler, and do not allow anyone in the front to handle them.
Do not decant into other cups. Pouring alcohol into soft drinks cups to “hide it” is a terrible idea and can lead to more serious consequences.
Clean up spills immediately when parked. Alcohol odour can make a stop more uncomfortable. If something spills, pull into a safe place, dispose of the container appropriately, and wipe down surfaces.
Restaurant leftovers: what about unfinished wine or cocktails?
Visitors often ask about taking leftover alcohol from a restaurant, especially wine. Florida has specific “to-go” rules in some situations, but they are not universal, and they often require re-sealing and bagging by the restaurant. Even when it is lawful for the restaurant to re-seal, you still need to transport it correctly in your car hire vehicle.
Practical steps that reduce risk:
Ask the restaurant to seal it properly. If the venue offers a re-corked, sealed, or tamper-evident bag, use it. Do not drive away with an open glass or cup.
Put it in the boot immediately. Treat it like any other opened alcohol. It should not stay in the passenger area, even if it is “sealed to-go”.
Keep it upright and stable. Use a box, a bag with a flat bottom, or wedge it so it cannot tip over.
Do not open it again until you arrive. If you break the seal in the car, you are back to transporting an open container.
If you are dining around the theme parks and then driving back to your hotel, it can be tempting to keep the bag on the floor near someone’s feet. With car hire around major visitor areas, choose the least ambiguous option and use the boot every time.
Special cases: limousines, motorhomes, and rideshare alternatives
Open-container rules can differ for vehicles used primarily to transport passengers for compensation, and for parts of vehicles designed as living quarters. If you are in a motorhome, a passenger in the living area may be treated differently than someone seated in the cab. If you are travelling in a hired passenger car, assume you are in the strictest category.
If part of your Florida trip includes areas where you would rather not manage alcohol at all, consider planning meals and drinks so that the driver does not need to transport any containers. Even without giving a hard instruction, it is sensible to choose one driver who stays alcohol-free and to keep any purchases sealed and stowed until you arrive.
What happens if you are stopped with alcohol in the car?
Traffic stops can happen for routine reasons such as speeding, a broken light, or rolling through a stop sign. If an officer sees open alcohol in the passenger area, the stop may become more complicated. Even if the driver has not been drinking, an open container can prompt further questions and potentially lead to citations.
To keep things straightforward:
Do not handle alcohol while the car is moving. If the officer approaches and sees someone reaching around with a bottle, that is a problem.
Be clear and calm. If asked, explain that any alcohol is sealed and stored in the boot, or that it is leftover and secured in the boot.
Do not consent to “quick disposal” on the roadside. Throwing out containers from the car can look suspicious. If you need to dispose of something, do so legally at your destination.
Planning tips for Florida car hire days
Most issues are avoided by setting up the car correctly at the start of the day. Allocate one area for bags and purchases, and stick to it. This is especially useful for multi-stop itineraries, beach days, and supermarket runs.
If your itinerary includes South Florida neighbourhoods and you want a simple pickup experience, you can compare options such as Enterprise car rental in Brickell. Wherever you collect the vehicle, do a quick check for boot space and decide where alcohol purchases would go before you leave the car park.
Other practical considerations:
Coolers and cups: If you use a cooler for soft drinks, keep it alcohol-free while driving, or store it in the rear and do not open it on the road.
Beach and picnic days: If alcohol is part of your plan at the destination, keep it sealed during transport. Move it from the boot only when parked and finished driving for the day.
Group trips: Make a clear rule that nobody opens anything in the car. It is easier than debating who is “allowed” in which seat.
After dinner: If you have leftover wine, have the restaurant seal it and place it in the boot before you start the engine.
Common misunderstandings to avoid
“It is just one sip, and I’m not drunk.” The driver should not drink at all. If something goes wrong, you can face serious consequences.
“It is closed with a cap, so it is not open.” A broken seal can still be treated as open. Treat any previously opened container as an open container for transport purposes.
“Passengers can always drink.” Not always, and the seating position matters. In a standard hired car, an open drink in the front area is a clear risk.
“Leaving it on the back seat is the same as the boot.” It is still in the passenger area. The boot is the safer place.
FAQ
Can passengers drink alcohol in a car in Florida? Sometimes, but it depends on seating position and vehicle type. In a typical hired car, keep open alcohol out of the passenger area to avoid violations and confusion during stops.
Can I transport sealed alcohol when using car hire in Florida? Yes. Keep it sealed, keep it stable, and store it in the boot rather than on seats or within reach of the driver.
Where should I put an opened bottle or unfinished drink? Put any opened alcohol in the boot before driving. If there is no separate boot, place it as far back as possible and out of reach.
What should I do with leftover wine from a restaurant? Ask the restaurant to seal it in approved packaging if available, then store it upright in the boot and do not open it until you arrive.
Will an open container affect the driver even if a passenger was drinking? It can. Open alcohol in the passenger area may lead to citations and increased scrutiny, so keep any alcohol sealed and stored away from the cabin.
