Open Container
Legal Definition
A person commits this offense by knowingly having in their possession an open alcoholic beverage container in the passenger area of a motor vehicle on a public highway. An open container is one that has been opened, has a broken seal, or from which the contents have been partially removed. The law prohibits both drivers and passengers from possessing open containers in the vehicle's passenger area.
Possible Punishment
Penalty assessment of $25 to $100. This is a civil penalty, not a criminal conviction. No jail time is imposed for a first violation. Repeat violations within a specified period may result in higher assessments.
Local Context
The prohibition does not apply to passengers in the living quarters of a motor home or camper, or to passengers in vehicles designed for commercial transportation of passengers for compensation (such as buses or limousines). The statute is part of New Mexico's effort to reduce impaired driving and alcohol-related traffic incidents.
Criminal Traffic Cases in Doña Ana County
Not every traffic offense is a ticket. Driving on a suspended or revoked license, reckless driving, and fleeing an officer are criminal charges that end in booking rather than a citation, and they appear constantly in our feed. Suspended-license charges in particular tend to snowball: unpaid fines lead to suspension, driving anyway leads to arrest, and missing the court date adds a bench warrant.
Criminal traffic cases are heard in Las Cruces Municipal Court for city violations and Doña Ana Magistrate Court for state charges. If alcohol or drugs are involved, the case moves into DWI territory with its own mandatory penalties.
Related Guides
Bench Warrants and Failure to Appear in New Mexico: How a Missed Court Date Becomes a Booking
What a bench warrant is, how it differs from an arrest warrant, why FTA bookings fill the Doña Ana County jail log, and how to clear a warrant before arrest.
DWI Arrests in New Mexico: Penalties, Aggravated DWI, and the MVD Clock
What a New Mexico DWI arrest means: legal limits, first-offense penalties, aggravated DWI, felony DWI, and the separate MVD license hearing deadline.
Recent Arrests for This Charge (30)

Las Cruces Woman, 26, Booked on Dwi and Open Container Charges
PERLA DELGADO | 2 charges

Sunland Park Woman, 18, Booked on Aggravated Dwi and Traffic Charges
GILARY GUTIERREZ-LARREA | 5 charges

Vado Man, 25, Booked on Traffic Charges and Open Container Violation
JAIRO AVALOS ADAME | 5 charges

Anthony Man, 40, Booked on Aggravated Dwi and Open Container Charges
LUIS SOLIS | 2 charges

Sunland Park Man, 42, Booked on Aggravated Dwi and Traffic Charges
MANUEL HERNANDEZ | 4 charges

Las Cruces Man, 19, Charged with D.W.I. Liquor or Drugs
ALONSO VASQUEZ | 4 charges

Chaparral Man, 36, Booked on Suspicion of Dwi and Open Container Violation
JOSE ORTIZ | 3 charges

Socorro, Tx Man, 21, Booked on Aggravated Dwi and Collision Charges
VICENTE REYES | 5 charges

Las Cruces Man, 25, Booked on Aggravated Dwi and Multiple Traffic Charges
ADRIAN REYES | 4 charges

Las Cruces Man, 48, Booked on Dwi and Weapons Charges at Telshor Location
DETRICH JONES | 5 charges

Las Cruces Man, 43, Booked on Multiple Misdemeanor Speeding Charges
RICHARD CLARK | 4 charges

Las Cruces Woman, 19, Booked on Aggravated Dwi and Open Container Charges
AALIYAH HUERTA | 2 charges

Anthony Woman, 37, Booked on Aggravated Dwi and Open Container Charges
JAQUELINE GRADO | 4 charges

Las Cruces Man, 33, Booked on Suspicion of Dwi and Open Container
MIGUEL HERNANDEZ | 3 charges

Anthony Woman, 37, Booked on Aggravated Dwi and Open Container Charges
JAQUELINE GRADO | 2 charges

Las Cruces Man, 44, Booked on Aggravated Dwi and Multiple Traffic Charges
ALMA OVANDO | 6 charges

Las Cruces Man, 57, Booked on Aggravated Assault and Dwi Charges
JOHNNY PEREZ | 4 charges

Las Cruces Man, 43, Booked on Aggravated Dwi and Open Container Charges
RANDY FLOYD | 3 charges

Las Cruces Woman, 29, Booked on Aggravated Dwi and Open Container Charges
JOSIE OROZCO | 3 charges

Las Cruces Woman, 32, Booked on Aggravated Dwi and Traffic Charges
ZAMYRA VELAZQUEZ-MORENO | 6 charges

Las Cruces Man, 46, Booked on Dwi and Open Container Charges
IRVING VALLES | 4 charges

Las Cruces Man, 26, Booked on Aggravated Dwi and Traffic Charges
JACOB VALENZUELA | 5 charges

Las Cruces Man, 22, Booked on Aggravated Dwi and Weapons Charges
ELIJAH PADILLA | 9 charges

Las Cruces Woman, 18, Charged with Open Container
EMILY FERNANDEZ | 3 charges

Las Cruces Woman, 33, Charged with Open Container
ELISHA MARTINEZ | 5 charges

Las Cruces Man, 32, Charged with Open Container
ALEXANDRO GALLEGOS | 6 charges

Las Cruces Man, 19, Charged with Driving While License Suspended
SEAN SOTO | 7 charges

Woman, 37, Charged with Lane Usage in Doña Ana County
SARA VEGA | 4 charges

Man, 60, Charged with Open Container in Doña Ana County
LUIS CARRILLO | 2 charges

Las Cruces Man, 25, Charged with Possession of Cocaine
ISRAEL JOHNSON | 4 charges
Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.