As a Rideshare Passenger in Florida, Can I Bring Alcohol in the Vehicle?

You’re headed home after dinner with friends. The check is paid, the night went great, and you’ve got a half-finished bottle of wine you don’t want to waste. You request an Uber, hop in the back seat, and—without thinking much of it—set the bottle next to you for the ride home. No driving, no keys, no problem… right?

That’s the assumption a lot of rideshare passengers make. After all, you’re not the one behind the wheel. But Florida’s open-container law doesn’t stop with drivers—and whether that bottle is legal in the back seat of an Uber depends on a few very specific legal details most people never consider until it’s too late.

So the question becomes: As a rideshare passenger, can you legally have an open container of alcohol in the vehicle in Florida?

According to Florida Statute § 316.1936, it is unlawful for any person to possess an open container of alcoholic beverage or consume an alcoholic beverage while operating a vehicle or seated in or on a vehicle that is being operated in the state or that is parked or stopped within a road, as defined by the statute. 

To determine whether this statute is applicable to a particular situation, there are four key questions that must be addressed:

1. Is a "public roadway" involved?

2. Is there an "open container" of alcoholic beverage involved?

3. Where is the open container located?

4. Do any statutory exceptions apply?

   
   

IS A PUBLIC ROADWAY INVOLVED?

The statute's definition of "road" is intentionally broad. Specifically, the statute defines "road" as "a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith."

In practical terms, unless a vehicle is located on purely private property, the statute will apply. Examples of private property where § 316.1936 does not apply include a private driveway, a private ranch or farm road, and a private parking area that is not open to the general public.

If no public road is involved, then § 316.1936 does not apply.

IS THE CONTAINER OF ALCOHOL "OPEN"?

Under the statute, an "open container" is defined as "any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken."

Typical Examples of Open Containers:

• Beer or hard seltzer cans with punctured tops

• Beer bottles with twisted-off caps

• Unsealed liquor bottles, meaning any bottle where the manufacturer’s seal has been removed or broken

• Wine bottles with broken or removed corks or caps

• Cups or glasses holding alcoholic beverages

• Flasks, tumblers, or other receptacles that have been opened and contain alcohol

• Any re-capped container where the original seal was broken (for example, twisting the cap back on)

If there's no "open container" of alcoholic beverage, then § 316.1936 does not apply.

WHERE IS THE OPEN CONTAINER LOCATED?

Location is critical because it drives statutory presumptions regarding possession. For passengers, the statute applies if the open container of alcoholic beverage is in the passenger’s physical control.

Courts interpreting § 316.1936 treat “physical control” as a fact-specific, common-sense inquiry rather than a hyper-technical one. The focus is on immediate dominion and the ability to consume, not ownership.

Common indicators of physical control include:

• Holding the container in hand

• The container resting on the passenger’s lap

• The container wedged between the passenger’s legs

• The container being carried in a bag or purse held by the passenger

  
  

These situations almost always satisfy the statutory concept of “physical control.”

As a practical rule of thumb, if the passenger can immediately pick up and drink from the container without interference, courts are likely to find physical control. Accordingly, if a passenger cannot part with a bottle of alcohol before entering a rideshare vehicle, the safest course is to secure it in the vehicle’s trunk.

DO ANY STATUTORY EXCEPTIONS APPLY?

Although open containers are generally prohibited, subsections (5)(a)–(c) of § 316.1936 carve out limited exceptions involving motor homes and “vehicles designed, maintained, and used primarily for the transportation of persons for compensation.”

These exceptions apply only where:

• The driver is operating the vehicle pursuant to a contract to provide transportation for passengers and holds a valid commercial driver license (CDL) with a passenger endorsement;

• The vehicle is a bus in which the driver holds a valid CDL with a passenger endorsement; or

• The vehicle is a self-contained motor home in excess of 21 feet in length.

  
  

At first glance, it may appear that an Uber or Lyft ride would fall under the exception in subsection (5)(a), commonly referred to as the “for-hire passenger vehicle” exception. Traditional examples of for-hire passenger vehicles include taxicabs, limousines, and party buses.

However, when traveling as a passenger in a rideshare vehicle such as Uber or Lyft, this exception most often does not apply.

First, rideshare vehicles are typically not designed or maintained primarily for compensated passenger transport. Most are privately owned personal vehicles that are manufactured, titled, and regulated as such. Occasional or even frequent rideshare use does not alter the vehicle’s primary design or purpose.

Second, rideshare drivers are not required to obtain a commercial driver license under Florida’s rideshare statutes. Instead, they generally hold standard Class E (non-commercial) driver licenses.

WHY THIS ALL MATTERS

Even as a passenger, you can be cited if a statutory exception does not apply (and for standard Uber rides, it usually does not). A passenger who violates this statute is guilty of a nonmoving traffic violation.

While a nonmoving violation may appear minor, the consequences can extend beyond a simple fine. If sustained, the violation may remain on a person’s driving record and may be considered by insurance carriers when determining premiums. Additionally, rideshare platforms generally prohibit passengers from consuming alcohol in vehicles under their terms of service, and violations can result in rides being terminated or future service denied.

Florida’s open-container law is far more nuanced than many passengers realize — especially in the rideshare context. Understanding how the statute applies can help you avoid unnecessary citations, insurance consequences, and disrupted travel plans. 

To schedule a free consultation to understand your legal rights, contact Dolezal Law, P.A. Call (888) 411-7854 (toll-free) or (727) 387-AUTO (local).

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This blog is for informational purposes only and should not be construed as legal advice. Every case is fact specific.