Navigating the New Orleans Open Container Law: What You Need to Know
Whether you're planning a visit to New Orleans or you're a resident of the Crescent City, it's important to understand the unique open container laws that govern public drinking. This article will provide a comprehensive overview of both Louisiana's open container law and New Orleans' open container law, helping you enjoy the city's vibrant culture responsibly and legally.
Understanding Open Container Laws
Definition of an Open Container
In Louisiana, an open container is defined as any bottle, can, or other container holding alcoholic beverages that has been opened, has a broken seal, or has had some of its contents removed. This definition applies to all types of alcoholic beverages, including beer, wine, and distilled spirits.
New Orleans, however, has its own set of regulations that differ from the rest of the state. In certain areas, such as the French Quarter, individuals are permitted to possess open plastic containers of alcohol in public spaces and even in vehicles.
Purpose of the Law: Transportation Equity Act for the 21st Century
The federal government established the Transportation Equity Act for the 21st Century (TEA-21) in 1998 to promote highway safety across the nation. To comply with TEA-21, states must implement open container laws that meet specific requirements.
Louisiana's open container laws include exceptions, particularly during events like Mardi Gras, and highlight severe penalties for violations. Louisiana’s open container law does not fully align with these federal standards, which is why New Orleans has some unique exceptions.
Exceptions to the Law
New Orleans' Unique Rules and Regulations for Open Containers
New Orleans is renowned for its distinctive approach to public drinking, particularly in the French Quarter. Here are the key points to remember:
- Open plastic containers of alcohol are allowed in certain districts.
- Only plastic containers are permitted - glass and metal containers are prohibited.
- You must drink responsibly and avoid public intoxication.
Drive-Thru Daiquiri Shops
Louisiana’s drive-thru daiquiri shops represent a unique aspect of the state’s drinking culture. These establishments can legally sell frozen alcoholic beverages for consumption to customers in vehicles, provided they are considered “sealed.” A sealed container is defined as one with an unbroken lid and no straw protruding through it.
Certain Vehicles and Areas
Louisiana’s open container laws do not apply to specific types of vehicles, including:
- Self-contained motor homes
- Buses
- Privately owned limousines
- Parade floats
Additionally, open alcoholic beverage containers are permitted in certain areas of vehicles, such as:
- Car trunks
- Areas behind the last upright seat in vehicles without trunks
- Locked glove box
- Locked glove compartment
These areas are not readily accessible to drivers or passengers, ensuring compliance with the law.
Drinking in Public in New Orleans
While New Orleans is famous for its lenient attitude towards public drinking, it's important to note that specific laws and ordinances still govern this practice. The City of New Orleans has municipal ordinances that dictate the rules for drinking in public spaces.
Glass Bottles and Containers Are Prohibited
One important rule to remember is that glass containers are not allowed in public spaces. On Bourbon Street, bars and clubs provide plastic cups for drinks. When leaving an establishment, you can request a plastic to-go cup for your unfinished beverage.
Public Intoxication is Still Illegal
While public drinking is permitted in certain areas, public intoxication remains illegal and can lead to serious consequences. To enjoy New Orleans responsibly:
- Pace yourself and know your limits
- Consume food to help absorb alcohol
- Stay hydrated by alternating alcoholic drinks with water
- Engage in other aspects of New Orleans' rich culture, such as music and history
Penalties for Violating the Law
Fines and Consequences for Non-Compliance
Violations of Louisiana's open container law are relatively minor, with a maximum fine of $100. However, if open container violations lead to drunk driving, the penalties become much more severe and may include:
- Jail time
- Substantial fines
- License suspension
- Mandatory alcohol education programs
What To Do if Charged
If you face charges related to an open container violation or DWI/DUI, it's important to consult with an experienced New Orleans defense attorney such as Lance J. Robinson. Lance has extensive knowledge of Louisiana and New Orleans alcohol laws and can help you navigate the legal system and potentially obtain reduced charges or penalties or even get them dismissed.
Navigating the Law Responsibly
Best Practices for Enjoying Open Containers in Public
To make the most of New Orleans' unique drinking culture while staying within legal boundaries:
- Always use plastic containers for drinks in public spaces where drinking is allowed
- Do not leave designated areas (like the French Quarter) with open containers
- Be respectful of others and the environment - avoid littering or causing disturbances
- Utilize ride-sharing services or designate a sober driver if you've been drinking
When in doubt about the legality of an open container in a particular situation, it's advisable to err on the side of caution. Either finish your drink or dispose of it properly before moving to a new area.
FAQs About Louisiana & New Orleans Open Container Laws
What is considered an open container in Louisiana?
Any alcoholic beverage container that has been opened, has a broken seal or has had some of its contents removed. This includes a frozen alcoholic beverage like a daiquiri if a straw has been inserted through the lid.
Are there any exceptions to Louisiana's open container law?
Yes, including certain areas of New Orleans (like the French Quarter), specific types of vehicles (such as buses and limousines), and certain areas within vehicles (like locked glove compartments).
How does the New Orleans open container law differ from the Louisiana open container law?
The New Orleans open container law is more permissive than the Louisiana state law. In New Orleans, particularly in areas like the French Quarter, it's legal to have open containers of alcohol in public spaces and even in vehicles, as long as they're in plastic containers.
However, the Louisiana state law generally prohibits open containers of alcohol in vehicles and many public spaces. This unique exception for New Orleans is due to local ordinances that override the state law within city limits, allowing for the city's famous "go-cup" culture. Always remember that outside of New Orleans, the stricter Louisiana state law applies.
Where exactly can I have an open container in New Orleans?
In New Orleans, you can have an open container (in a plastic cup, not glass) in most of the French Quarter and surrounding areas. The specific boundaries where open containers are allowed are:
- North (lakeside) boundary: Rampart Street
- South boundary: The Mississippi River
- East (downriver) boundary: Esplanade Avenue
- West (upriver) boundary: Canal Street
In simple terms, this area covers most of the French Quarter and a bit beyond. Remember, even within these boundaries, the container must be plastic, not glass. Outside of this area, open container laws are stricter, so it's best to finish your drink before leaving this zone.
It's also important to note that while drinking is allowed in this area, public intoxication is still illegal. Always drink responsibly and be respectful of others and the city.
If I'm driving in Louisiana and my passenger buys a daiquiri from a drive-thru shop and drinks it in the car, can I get in trouble for an open container violation?
Yes, this situation could lead to legal trouble for you, the driver. While Louisiana allows the sale of frozen daiquiris through drive-thru shops, the law requires these drinks to remain "sealed" during transport. A daiquiri is considered sealed if the lid is intact and there's no straw penetrating it. If a passenger opens the drink and begins consuming it inside the vehicle, it becomes an open container.
In Louisiana, it's illegal for both drivers and passengers to have open containers of alcohol in a motor vehicle on public roads. The driver could be held responsible for allowing an open container in the vehicle, potentially facing fines and other penalties. To stay within the law, all alcoholic beverages purchased from drive-thru daiquiri shops should remain sealed until you reach your destination and are no longer in the vehicle.
Where can I find additional resources for further information?
Refer to Louisiana’s open container law (RS 32:300), New Orleans' open container law (54-404), and the federal Transportation Equity Act for the 21st Century (TEA-21) for more detailed information.
Keeping It Legal in New Orleans and Beyond
Understanding the New Orleans open container law is very important for both residents and visitors who wish to partake in the city's unique drinking culture responsibly. While the regulations may appear more relaxed compared to other parts of the country, it's important to remember that they are in place to promote road safety and reduce incidents of drunk driving.
By adhering to the guidelines discussed in this article - using plastic containers, remaining within designated areas, and always drinking responsibly - you can fully enjoy your time in New Orleans while staying within the bounds of the law.
If you or a loved one ever requires assistance in defending a charge related to public intoxication or open container violations in New Orleans, contact experienced defense attorney Lance J. Robinson for a free legal consultation. With proper legal guidance, you can effectively navigate the complexities of Louisiana's alcohol laws and protect your rights.
Remember to drink responsibly and stay safe while enjoying all that the vibrant city of New Orleans has to offer.
