Transporting alcoholic beverages in Kansas? Here’s a refresher on what state law says
In Kansas, it’s illegal for anyone to drink alcoholic beverages in a moving vehicle, even if they’re not the one driving. But what about transporting alcoholic beverages?
Kansas has specific laws on transporting alcohol in moving vehicles. Here’s a refresher on state laws, and what happens if they’re broken.
Can you transport alcohol in Kansas?
According to Kansas law, if you’re transporting alcoholic beverages on a highway or street, all beverages have to be “in the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed,” statute 8-1599 reads.
Alcohol also must either be transported in a locked trunk away from driver or passenger, or behind the “last upright seat” or in an area that is normally not occupied by any vehicle passenger, if keeping it in the trunk is not possible.
You can, however, transport re-sealed alcohol containers in your vehicle. This includes to-go containers (like drive-thru cocktails) of alcohol and re-sealed bottles of wine.
“The main exception during COVID was to allow a semi-open container that is, like, sealed and then there’s also an exception like you go out to a restaurant and buy a $150 bottle of wine and drink half of it, [then] they cork it and they can seal it for you to transport, like a secondary seal so to speak,” Lieutenant Keith Fort with the Wichita Police Department told The Eagle.
What are the penalties for transporting open containers?
Transporting open containers is considered a misdemeanor, according to the same Kansas statute. This can result in a fine of no more than $200, imprisonment no longer than six months, or both, the statute reads.
If violated for a second or subsequent time, the person faces a driver’s license suspension of one year. The suspended license will be held by the division of motor vehicles and the department revenue for the suspended time.
The person can then apply for the license’s return, or apply for a new license if the license has expired. The statute reads that the license will then “be issued promptly upon payment of the proper fee and satisfaction of other conditions established by law for obtaining a license” unless the licensee faces another suspension or there is still one in effect.
Editor’s note: This story has been updated to include information about transporting re-sealed alcohol containers.
This story was originally published October 14, 2023 at 5:37 AM.
