Chatham County, GA Public Conduct: Public Alcohol Use (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.
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?
What counts as an "open container" under this ordinance?
Are there any exceptions to the open container ban?
Where can I avoid an open container citation?
Sources & Official References
Other rules in Chatham County
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