Alcohol Unbagged: Is It Legal?

While it is not illegal to purchase alcohol without a bag, it is illegal to drink alcohol in public in many places, even if it is in a brown paper bag. The bag provides plausible deniability, as it is impossible to identify the drink as alcohol by eye, and gives law enforcement an excuse to look the other way. However, if you are visibly intoxicated, you can still be charged with public intoxication. In the United States, every state, county, and city has different laws regarding alcohol, and in some places, it is legal to drink in public as long as the alcohol container is covered.

Drinking alcohol in public is illegal in most states

Drinking alcohol in public is prohibited in many countries and jurisdictions, although the specifics of these laws vary. These laws are known as open container laws, and they apply to public places such as sidewalks, parks, and vehicles. In the United States, for example, open container laws are state laws, and they differ between states. Some states, like California, prohibit possessing open alcoholic beverage containers in public places, while other states, like Indiana and Montana, allow the consumption of alcoholic beverages in public.

In other countries, the laws vary as well. For instance, in Belgium, drinking in public is legal, but some cities like Antwerp and Brussels have local ordinances prohibiting alcohol consumption in specific areas. In Canada, except for Quebec, possessing open containers of alcohol in public is generally illegal. In Lithuania and Romania, drinking alcohol in public is illegal and can result in fines.

While drinking alcohol in public is illegal in many places, the enforcement of these laws can vary. In some jurisdictions, drinking in public is tolerated or not actively enforced, especially in certain tourist zones or during special events. Additionally, the use of paper bags to conceal open containers of alcohol has been a common practice to avoid detection by law enforcement, although this does not always provide legal protection. Overall, the legality of drinking alcohol in public depends on the specific laws and regulations of the country, state, or city in question.

Covering alcohol in a bag does not change the legality

Covering alcohol in a bag does not change its legality. While it is true that enforcement may vary, in most states it is illegal to drink from or possess an open container of alcohol. In many places, it is illegal to have an unopened alcoholic beverage on the street, whether it is in a bag or not. The bag provides plausible deniability, and it is a minor enough crime that it is generally not worth a police officer's time to pursue it. However, if you are falling all over yourself and look intoxicated, then you can still be charged.

In the United States, every state, county, and city is allowed to have different subsets of laws dealing with alcohol. In some places, it is illegal to possess any alcohol container that has been opened, even if it is empty. In other places, it is illegal to drink alcohol in public, even if it is in a paper bag. For example, in Las Vegas, drinking from a container that was sold as sealed or corked in public is illegal, regardless of whether it is in a bag.

Stores may insist that liquor sales be bagged, but no law requires it. A company policy might require bagging liquor as proof of purchase. However, it is legal to exit a store showing a bottle of alcohol. The original reason for using paper bags was to protect glass bottles, as glass bottles knocking into each other break very easily.

Bags provide plausible deniability and privacy

While drinking alcohol in public is illegal in many places, using a bag to cover the alcoholic beverage can provide a level of plausible deniability and privacy for the drinker. The bag obscures the label and makes it impossible to identify the contents as alcohol with the naked eye, removing "reasonable suspicion" for law enforcement to take action. This allows drinkers to consume alcohol discreetly without attracting attention from authorities.

The use of bags, particularly brown paper bags, is a long-standing tradition and cultural icon in some places, such as Hollywood. Drinkers use bags as a signal that they are aware public drinking is illegal but are doing so in a manner deemed socially acceptable and respectful of the police. The bag serves as a compromise, providing drinkers with a sense of privacy and anonymity while consuming alcohol in public.

In some jurisdictions, the bag may also help drinkers avoid violating open container laws. While it does not change the legality of drinking in public, it can make it more difficult for law enforcement to identify and enforce these laws, especially if the drinker is not causing any trouble. This allows law enforcement to be lenient and selectively enforce the law, focusing their attention on more pressing matters.

However, it is important to note that the effectiveness of bags in providing plausible deniability varies depending on local laws and law enforcement practices. In some places, drinking from a covered container or possessing an open container of alcohol, even in a bag, is still illegal. Additionally, if a person appears intoxicated, law enforcement may still take action regardless of whether the alcohol is in a bag.

The use of bags for alcohol also has practical considerations. Paper bags are opaque and can help protect glass bottles from breaking by reducing the impact of knocks and preventing them from clinking together. This makes it a practical solution for both consumers and retailers to avoid accidental breakage.

Stores may insist on bagging alcohol due to company policy

While it is not illegal to exit a store with an unbagged alcoholic beverage, some stores may insist on bagging alcohol due to company policy. One reason for this could be to provide proof of purchase. In addition, placing glass bottles in paper bags helps to reduce the odds of them breaking by knocking into each other. This is especially true for single-bottle purchases, as stores often have single-bottle-sized bags.

Another reason for providing paper bags could be to give the buyer privacy for their alcohol purchase. In some places, it is illegal to drink in public or possess an open container of alcohol, and a paper bag can provide plausible deniability, as it is impossible to identify the drink inside as alcohol by eye. However, this is not a legal loophole, and in most states, a person can still be arrested for drinking from a brown paper bag.

Some sources also suggest that paper bags are used to hide labels easily, especially in movies and TV shows, to avoid having to get the rights to the labels or accidentally endorse a product.

Local laws vary, and some jurisdictions require alcohol to be bagged

While it is not illegal to exit a store with an unbagged alcoholic beverage, local laws vary, and some jurisdictions require alcohol to be bagged. For example, in Illinois, while neither Champaign nor Urbana requires alcohol to be bagged, the Illinois Liquor Control Commission notes that some local jurisdictions may still require alcohol to be bagged.

In the United States, every state, county, and city is allowed to have different subsets of laws dealing with alcohol. For instance, in California, it is illegal to consume alcohol in public, even if it is in a paper bag. However, a brown paper bag may provide plausible deniability, allowing law enforcement to overlook the violation. This is because, with the drink in a bag, it is impossible to positively identify the drink as alcohol by eye, and law enforcement would have to smell it to confirm it is alcohol.

In addition, some places have laws requiring stores to put alcohol in paper bags. This may be to protect glass bottles, as paper bags reduce the odds of bottles knocking into each other and breaking. It may also be to hide labels, especially for movies and TV shows, where showing a label requires getting the rights to it.

Frequently asked questions