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Chatham County, GA Public Conduct: Public Alcohol Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Citation
Chatham County Code Sec. 12-108
Fine range
$300.00 to $1,000.00
Jail exposure
Up to 90 days
Adopted
Ordinance of 6/23/1989
Default possessor
Vehicle's driver
Key exception
Motor homes over 21 feet

Summary

Chatham County bans knowingly possessing an open container of alcohol while driving or riding in a vehicle anywhere in the unincorporated county. Sec. 12-108 defines an open container as anything with a broken seal or immediately drinkable contents, and a conviction carries a $300 to $1,000 fine or up to 90 days in jail.

These county ordinances apply to unincorporated areas of Chatham County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

1. As used in this ordinance, "open container" means (a) any container from which its content is immediately capable of being consumed; or (b) any container the seal of which has been broken. 2. It is unlawful and punishable as provided in this ordinance for any person to knowingly possess an open container of an alcoholic beverage while operating a vehicle in the county or while a passenger in or on a vehicle being operated in the county. ... 6. Any person, operator of a vehicle, or passenger who violates this ordinance shall be subject to a fine of not less than $300.00 nor more than $1,000.00 or 90 days in jail, or both.

Full Breakdown

Sec. 12-108 of the Code of Chatham County makes it unlawful for any person to knowingly possess an open container of an alcoholic beverage while operating a vehicle in the county, or while riding as a passenger in or on a vehicle being operated in the county. The ordinance defines an "open container" as any container from which the contents are immediately capable of being consumed, or any container whose seal has been broken, so a resealed can or an unfinished bottle both qualify. Possession attaches to the driver by default: an open container is treated as being in the driver's possession unless it is in a passenger's physical control or is stored in a locked glove compartment, a locked trunk, another locked non-passenger area, or a luggage compartment on a vehicle without a locked non-passenger area.

Three narrow exceptions apply: passengers riding under a paid transportation contract with a Georgia-licensed chauffeur, bus passengers riding with a chauffeur-licensed driver, and passengers in a self-contained motor home longer than 21 feet. Everyone else in the vehicle, driver or passenger, can be charged directly. The ordinance was adopted June 23, 1989, and sits in Chapter 12, Article I alongside the county's other traffic offenses, so it is enforced as a traffic-related misdemeanor rather than through the county's separate alcoholic-beverage licensing chapter (Chapter 17), which governs sales and consumption at licensed premises, not roadway possession.

Violations & Fines

A conviction under Sec. 12-108 carries a fine of not less than $300.00 nor more than $1,000.00, up to 90 days in jail, or both, at the court's discretion. Every occupant who knowingly possesses an open container can be charged separately; a driver is charged automatically unless the container is proven to be in a passenger's control or properly locked away.

Frequently Asked Questions

Is it illegal to drink alcohol as a passenger in Chatham County?
Yes. Sec. 12-108 makes it unlawful for any passenger, not just the driver, to knowingly possess an open container of alcohol in a vehicle operating anywhere in the county. Possession is attributed to whichever occupant has physical control of the container at the time.
What counts as an "open container" under this ordinance?
Sec. 12-108 defines it as any container whose contents are immediately capable of being consumed, or any container with a broken seal. A recorked wine bottle or a resealed beer can both meet that definition; only a factory-sealed, unopened container is exempt.
Are there any exceptions to the open container ban?
Yes, three. Passengers riding under a contract with a Georgia-licensed chauffeur, bus passengers riding with a chauffeur-licensed driver, and any passenger inside a self-contained motor home longer than 21 feet are excluded from the prohibition under Sec. 12-108(5).
Where can I avoid an open container citation?
A container is safe from a possession charge only if it is stored in a locked glove compartment, a locked trunk, another locked non-passenger area, or a luggage storage area on a vehicle that has no locked non-passenger space, per Sec. 12-108(3).

Sources & Official References

Other rules in Chatham County

All Chatham County rules

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