Not a Bot!™ When you call, Attorney Joseph Kelly Levasseur answers his own phone. Calls to the office ring through to his cell. No call center, no chatbot. If he is in court, leave a message and he will call you back. Tap to call 603-622-7575.
Free consultation.
An open container ticket looks small, but for a driver it can carry a license suspension, and it often shows up alongside a DWI charge. Attorney Levasseur has handled New Hampshire motor vehicle cases for 24 years.
New Hampshire's Open Container Law (RSA 265-A:44)
RSA 265-A:44 says a driver may not have alcohol in the passenger area of a vehicle unless it is in the original container with the seal unbroken. Opened, securely capped containers have to be kept in the trunk, or if there is no trunk, in the area least accessible to the driver. Passengers face similar rules. The law also covers marijuana in the passenger area unless it is sealed in its original container.
Penalties
- Fine: an open container offense is a violation with a $150 fine.
- Driver's license: a driver who violates the alcohol or marijuana provisions may have their license (or nonresident driving privilege) suspended for 60 days for a first offense and up to one year for a second or subsequent offense.
Open Container and DWI Stops
Officers often cite an open container during a DWI investigation. The container can be used as part of the case against you, and the stop, the search, and how the container was found all matter. If you were charged with DWI too, see our Manchester NH DWI Lawyer page. Each charge is handled on its own facts, and no outcome can be promised.
What Happens Next
Paying the fine counts as a conviction and can open the door to a suspension. Before you pay, Attorney Levasseur can look at where the container was, who it belonged to, whether it was sealed, and whether the stop and search were lawful.
Areas Served
Attorney Levasseur defends drivers in Manchester, Nashua, Salem, Derry, Londonderry, Merrimack, Portsmouth, and courts throughout Hillsborough County and Rockingham County. He also represents Massachusetts drivers, including from Lowell and the Merrimack Valley, who are charged in New Hampshire.
Open Container FAQs
Is an open container a crime in New Hampshire?
No. Under RSA 265-A:44 it is a violation with a $150 fine, but a driver can also have their license suspended for 60 days on a first offense and up to one year for a later offense.
Can a passenger get an open container ticket?
Yes. RSA 265-A:44 has separate rules for passengers, who also may not have opened alcohol in the passenger area.
Where can I legally keep an opened bottle?
Securely capped, partially filled containers belong in the trunk, or if the vehicle has no trunk, in the area least accessible to the driver.
Does the open container law cover marijuana?
Yes. Marijuana in the passenger area must be in its original sealed container; otherwise it must be stored in the trunk or least accessible area.
How much does a consultation cost?
The first consultation is free. Fees for handling your case are explained in a written fee agreement you will review before deciding anything.
Will I actually talk to the lawyer when I call?
Yes. That is what Not a Bot!™ means. Attorney Levasseur answers his own phone, and office calls ring through to his cell. If he is in court or with a client, leave a message and he will call you back.
Related Pages
Talk to a New Hampshire Open Container Lawyer Today
Before you plead, pay, or go to court, call Attorney Joseph Kelly Levasseur at 603-622-7575 or visit our contact page. Office: 396 S Willow St, Manchester, NH 03103. 24 years in practice.
Free consultation. Fees for handling your case are explained in a written fee agreement before you decide anything.
This page is attorney advertising and provides general information, not legal advice. Penalties described are under current New Hampshire law and may change. Contacting the office does not create an attorney-client relationship. Past outcomes do not predict future results.