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Alcohol Open Container Requirements

Program Information

Popular name

N/A

Program Number

20.607

Program objective

To encourage States to enact and enforce a compliant alcohol open container law. Under Section 154, to avoid the transfer of funds, a State must enact and enforce an open container law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State. 23 U.S.C. 154(b)(1)

Program expenditures, by FY (2023 - 2025)

This chart shows obligations for the program by fiscal year. All data for this chart was provided by the administering agency and sourced from SAM.gov, USASpending.gov, and Treasury.gov.

For more information on each of these data sources, please see the About the data page.

Additional program information

  1. 2016

    2016: States receiving these penalty transfer funds are designated for alcohol impaired driving programs and are subject to 23 U.S.C. Section 402. They could spend their funds on impaired driving countermeasures, including paid media to support alcohol impaired driving countermeasures, and enforcement of laws prohibiting driving while intoxicated, driving under the influence, or other related laws or regulations, including the purchase of equipment, training of officers, and the use of additional personnel for specific alcohol impaired driving countermeasures.

  2. 2017

    The Louisiana Highway Safety Commission provided Section 154 grant funds to support the forensic analysis of DWI cases in communities across 29 parishes in northern Louisiana.

  3. 2018

    States receiving these funds must use it for any alcohol impaired driving related countermeasures under Section 402.

  4. 2020

    States use these funds for enforcement of the State’s impaired driving laws, training on the State’s alcohol impaired driving laws, educational promotions using various media platforms.

  5. 2021

    Safer Highways Statewide (SHS). The California Highway Patrol will implement a 12-month statewide grant to combat fatal/injury crashes attributed to driving under the influence (DUI). Grant activities include sobriety/ driver license checkpoints, DUI task force operations, proactive DUI patrol operations, and a broad public awareness campaign in an effort to decrease the number of alcohol-involved fatal and injury cashes and associated victims on California’s roadways.

Single Audit Applies (2 CFR Part 200 Subpart F):

For additional information on single audit requirements for this program, review the current Compliance Supplement.

OMB is working with the U.S. Government Accountability Office (GAO) and agency offices of inspectors general to include links to relevant oversight reports. This section will be updated once this information is made available.

23 CFR 1270.