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Open Container Laws And
Alcohol Involved Crashes

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DOT HS 809 426

Some Preliminary Data

April 2002


Technical Documentation Page
Executive Summary
Background
Purpose of Section 154
Open Container Law Incentives
Open Container Law Conformance Criteria
Status of Conformance: October 2000
Evaluation of the Effects of Open Container Laws

Public Opinion Concerning Open Container Laws
Conclusions
Acknowledgments
References 
Appendix A: Data Tables

Table 1: Summary of Previous Open Container Laws In the First Four States to Enact Laws to Conform with TEA-21 Requirements


Figure 1: Percent of All Fatal Crashes That Were Alcohol-Involved: Six-Month Period After Enforcement Began Compared to the Same Period in the Previous Year


Figure 2: Nighttime Hit-and-Run Crashes: Six-Month Period After Enforcement Began Compared to the Same Period in the Previous Year

Figure 3: Percent of All Fatal Crashes That Were Alcohol-Involved

Figure 4: Percent of Residents Who Believe Their States Should Have An Open Container Law

 

This report presents the results of a study conducted for the National Highway Traffic Safety Administration (NHTSA) to assess the highway safety effects of laws that prohibit open containers of alcoholic beverages to be located in the passenger compartment of motor vehicles operated on public roadways. These laws are commonly referred to as Open Container laws. 

Figure 3
Percent of All Fatal Crashes That Were Alcohol Involved: 1999

Graph of Figure 3. Percent of All Fatal Crashes That Were Alcohol-Involved: 1999d

Figure 3 shows that states without laws prohibiting the possession and consumption of alcoholic beverages in a motor vehicle have higher proportions of alcohol-involved fatal crashes than states with either partially-conforming or fully-conforming laws. The differences illustrated in the figure amount to ten percent more alcohol-involved fatal crashes in states without Open Container laws, compared to states with either partially or fully-conforming laws. The differences between the No Law states and the other states, combined, are statistically significant (z test at 0.05). The figure also shows that states that became fully-conforming in response to the TEA-21 Restoration Act (i.e., between July 22, 1998 and October 1, 2000) experienced alcohol involvement rates in fatal crashes in 1999 that were comparable to the states that had fully-conforming laws in effect prior to July 22, 1998. The results of the analysis illustrated in Figure 3 are consistent with the expectation that conformity to the Federal requirements has an effect on the incidence of alcohol-involved crashes. 

Of course, focusing exclusively on the presence or absence of Open Container laws does not permit a complete understanding of the many issues that contribute to drinking while driving. In particular, many of the states that lacked fully-conforming Open Container laws in 1999 had laws that contained many elements of a law that met the Federal requirements. In addition, some cities and counties in states that lack Open Container laws have their own regulations prohibiting open containers, which contribute to public perceptions that open containers of alcoholic beverages are prohibited on all roads and highways in the state, despite the absence of state Open Container laws. Other factors that may contribute include other state laws currently in effect and the level of enforcement and publicity dedicated to state and local laws.