New Orleans Open Container Law: Can You Really Drink in Public?

New Orleans has long been a favorite destination for tourists to eat, drink, and be merry. Stories of nonstop partying in the French Quarter are as popular as Mardi Gras shenanigans. You can indeed drink in public when you visit the Crescent City, but you should be aware of the specific laws that come with enjoying a beer or cocktail while wandering the streets of New Orleans. Suppose you go overboard and don’t follow New Orleans open container laws. In that case, you might find yourself in a precarious situation with the New Orleans Police Department (NOPD), requiring you to call a New Orleans public intoxication lawyer.

Below, we take a closer look at Louisiana’s open container law, New Orleans’ open container law, and other laws related to consuming alcohol while taking in the city’s distinctive atmosphere, food, and music.

Louisiana’s Open Container Law

While in New Orleans, you must comply with Louisiana’s open container law, which prohibits drivers and their passengers from having an open container or consuming alcohol in the vehicle when driving on a public road or highway. However, some exceptions apply to passengers. Drivers cannot ever consume alcohol, but under these conditions, passengers can have an open container while:

• Riding on a bus, trolley, or other public or contract vehicle.
• Riding in a courtesy vehicle, such as a hotel shuttle.
• Riding in a motor home at least 21 feet long, as long as the container is the trunk, utility box, glove box, or another hidden area.
• Riding on a parade float, especially applicable during Carnival, including the weekend leading up to Lundi Gras (Fat Monday) and Mardi Gras.
• Riding in a privately-owned limousine driven by a professional driver with a commercial drivers’ license.

Drive-Thru Daiquiris in Louisiana

Thinking of food and drink in New Orleans conjures up images of crawfish, po’boys, muffulettas, hurricanes, and daiquiris. Not only will you find numerous daiquiri shops on Bourbon Street and throughout the French Quarter, but you will find them throughout the city and the state. Some shops have drive-thrus, and yes, you can order a boozy frozen treat at the window. However, it must have a cover, and the straw cannot be in the drink. Drinking and driving laws apply, even to daiquiris, which have more alcohol in them than you might guess.

Drinking in Public in New Orleans

Louisiana’s open container law is straightforward when motor vehicles are involved, but it gets more complicated when walking around in public. Technically, Louisiana has no laws that prohibit open containers, but you will find that most places you visit in Louisiana do not allow drinking on the street. The City of New Orleans municipal ordinances dictates rules about drinking in public. They include:

No Glass Containers or Bottles

If you head out to the French Quarter for some music and cocktails, you will find some bars and clubs on Bourbon Street offering two-for-one or three-for-one deals on bottles of beer. Whether you are drinking beer, wine, a hurricane, or another French Quarter favorite, you need to have it in a plastic glass as you roam around the French Quarter. However, don’t rush to drink your cocktails before you leave a bar; your server or bartender will happily give you a plastic to-go cup. Also, keep a lookout for places where you can walk up to a window and order a drink. These establishments cater to pedestrians, so they serve everything in plastic.

Don’t Leave the French Quarter

Uptown, Magazine Street, Mid-City, the Warehouse District, and nearby Frenchman Street all have wonderful places to eat, listen to some local music, and grab a drink. However, drinking in public is only legal in the French Quarter. The French Quarter is recognizable by its architecture and European-style streets, but you should know the boundaries. Rampart Street and the Mississippi River make up the western and eastern borders, and Canal Street and Esplanade Avenue make up the northern and southern borders. The NOPD rarely enforces open container laws in other parts of the city, but you should be aware of the rules and obey law enforcement if they warn you to get rid of your drink.

Public Drinking Can Lead to Public Intoxication

When you visit New Orleans, you are encouraged to let the good times roll, or as the locals say, “Laissez les bon temps rouler!” However, if you consume too much alcohol in public, you risk public intoxication and might need the services of a New Orleans public intoxication lawyer. The NOPD has no problem issuing you a ticket or making an arrest if you get too rowdy, putting a damper on your fun. Many of the bars on Bourbon Street stay open late, and some remain open 24-hours a day, so overdoing it is easy. Instead, eat plenty of food, pace yourself, and dance off the alcohol in your system to avoid getting in trouble with the law.

If you are facing a public intoxication ticket in New Orleans, give us a call right away to talk about your next steps.