Hi there! My name is Attorney Micah Huggins. I am the founder of Huggins Law Firm, P.C.. We have been in business for over a decade. We are very highly rated, and we have won multiple awards. But trophies do not matter to me. What truly matters is keeping you safe and protecting your future. We proudly represent the accused in Greensboro, Graham, Burlington, Asheboro, High Point, Kernersville, and Winston-Salem.
Our firm was built on a very simple promise: Justice with Integrity. Representation with Heart. At Huggins Law Firm, we believe that great representation goes beyond knowing the law — it’s about standing up for people when the stakes are high, when the odds are heavy, and when the system feels overwhelming. Founded by me, Attorney Micah E. Huggins, the firm was built on a simple conviction: every client deserves clarity, compassion, and a champion in their corner.
Whether it’s a criminal defense case, a Family Law matter, Estate Planning, or a Personal Injury dispute, we bring the exact same level of preparation, precision, and purpose to every case we handle. We don’t just file motions or show up in court. We fight with strategy, we counsel with empathy, and we work to restore what’s been lost — your dignity, your stability, or your peace of mind.
Today, we are talking about football season. Specifically, tailgating at North Carolina A&T State University. When the Greatest Homecoming on Earth (GHOE) comes to town, the city comes alive! But having a red solo cup in the wrong place can ruin your weekend. Let’s break down North Carolina’s open container laws so you can have fun and stay out of trouble.
Why Are Greensboro Police So Strict During NC A&T Football Season?
During football season, Greensboro brings in tens of thousands of visitors. Because there are so many people, the police are on high alert.
Here are some statistics that very few people are talking about. According to recent crime data from the North Carolina Department of Public Safety (NC DPS), the vast majority of crimes charged in our state are non-violent. In fact, over 85% of all felony charges in North Carolina are non-violent! When it comes to misdemeanors, non-DWI traffic offenses and local ordinance violations make up over 1 million charges statewide.
In Guilford County alone, the Greensboro Police Department and local sheriff’s deputies deal with over 41,000 crime reports in a single year. During huge events like GHOE, police set up special task forces. They patrol the tailgating lots, the city streets, and the highways looking for alcohol violations. They write hundreds of tickets for things like public drinking, underage drinking, and open containers in cars.
Can I Drink in Public in Greensboro? (University Property vs. City Streets)
People are always asking, “Can I drink in public in Greensboro?” The answer is tricky. It depends exactly on where your feet are planted.
Inside the Tailgate Lots
NC A&T allows fans to tailgate in designated parking lots. If you are standing inside an approved university tailgate zone, you are generally allowed to drink alcohol if you are 21 or older. The university treats these lots like a private party area during the game.
On the Public Sidewalks
This is where people get caught! If you take your beer and walk out of the tailgate lot onto a city sidewalk, you are breaking the law. The City of Greensboro has strict local rules against drinking alcohol or holding an open container of alcohol on public streets, sidewalks, and city parks. If a police officer sees you walking down the street with a beer can, they will write you a ticket and pour your drink out.
What Are the Open Container Laws in NC for Cars?
The biggest trap of all is driving to and from the tailgate. North Carolina has very strict rules about having alcohol in your car.
According to North Carolina General Statute 20-138.7, it is illegal to drive a car with an open container of alcohol in the “passenger area.”
What exactly is the passenger area? The law says it is anywhere a person can sit, plus any area a seated driver or passenger can easily reach. This includes the glove box and the center console!
The Trunk Rule
If you have half a bottle of liquor leftover from the tailgate, where do you put it? Put it in the trunk. The trunk is not considered the passenger area. If your car does not have a trunk (like an SUV or a hatchback), you must put the open bottle all the way in the very back, behind the last row of upright seats.
Does the Driver Have to Be Drinking to Get in Trouble?
Yes and no. The law is split into two parts:
- For the Driver: If the driver has an open container in the car AND they have any alcohol in their body (even if they are under the 0.08 legal limit), it is a serious misdemeanor.
- For the Passengers: What if the driver is completely sober, but the passenger is drinking a beer in the front seat? The driver will not be charged, but the passenger will be hit with an infraction ticket.
What Are the Punishments for an Open Container Charge?
If you are the driver and you are caught with an open container and alcohol in your system, it is a Class 3 Misdemeanor for your first offense.
A Class 3 Misdemeanor means you will have a real criminal record. You will have to pay expensive court fines. Worse, the North Carolina DMV will see it as a moving violation, which adds points to your driver’s license and causes your car insurance rates to skyrocket! If you are also charged with a DWI, the punishments become incredibly severe.
How Can Attorney Micah Huggins Help You Fight Back?
If you made a mistake on game day, do not panic. And whatever you do, do not just go online and pay the ticket. Paying the ticket means you are pleading guilty to a crime!
At Huggins Law Firm, we know the Guilford County Courthouse inside and out. We take the stress off your shoulders.
- We look at the police report. Did the officer actually see you drinking, or did they just guess?
- We look at where the alcohol was. Was it legally stored in the trunk?
- We negotiate with the District Attorney. Often, we can get these charges reduced or totally dismissed, especially if you have a clean record.
We treat you with the respect you deserve. We fight to keep your criminal record clean so you can go back to cheering for the Aggies without a dark cloud hanging over your head.
Key Takeaways About NC Open Container Laws
- Watch Where You Walk: You can drink in approved tailgate lots, but walking on Greensboro city streets with an open drink is illegal.
- The Trunk is Safe: If an alcohol bottle has been opened, it must ride in the trunk of your car, not the backseat or the cup holder.
- Passengers Can Get Tickets: A passenger drinking in a moving car will get an infraction ticket, even if the driver is totally sober.
- Do Not Just Pay It: Paying an open container ticket gives you a criminal record and raises your car insurance. Let us fight it for you!
10 of the Most Common Questions Asked About Open Container Laws in NC
When football fans call our office on Monday morning, they ask a lot of the same questions. Here are the top ten questions people ask us about open container tickets, answered in plain English.
1. Is a cup with a lid considered an open container?
Yes! If you pour liquor or beer into a plastic cup, a tumbler, or a thermos, it is an open container. The law says it must be in the “unopened manufacturer’s original container” to be legal in the passenger area.
2. What if I just broke the seal on a bottle but haven’t drank any?
If the paper seal or plastic ring on a bottle is broken, North Carolina law officially considers it an open container, even if the bottle is completely full. Put it in the trunk!
3. Can I drink in an Uber or a taxi?
Yes, there is an exception. If you are a passenger in a vehicle that is driven for compensation (like a taxi, a limo, or an Uber), the passenger is allowed to drink in the back seat.
4. Can the police search my car just because they see an empty beer can?
Yes. If a police officer sees an empty beer can or an open bottle sitting in plain view on your floorboard, it gives them “probable cause” to search the rest of your car.
5. Does an open container ticket suspend my driver’s license?
A first-time open container charge usually will not suspend your license by itself. But if you get a second open container charge, the DMV will suspend your license for six months!
6. Do I have to go to court for a public drinking ticket?
If you are charged with a city ordinance violation for drinking on the sidewalk, it is a criminal summons. If you hire our firm, we can often go to court for you so you do not have to miss work or school.
7. Can I keep an open bottle of wine in the glove box if it is locked?
No. The law specifically says the glove box is part of the passenger area. Even if you lock it, it is illegal. It must go in the trunk.
8. What if I am driving an RV or a motorhome to the tailgate?
North Carolina has a special exception for motorhomes. Passengers are allowed to drink in the “living quarters” of a motorhome. But the driver absolutely cannot drink.
9. Will a tailgating ticket ruin my college financial aid?
It could. If your ticket gets upgraded to an underage drinking charge or a drug charge, a criminal conviction can definitely threaten your federal financial aid and student housing.
10. Why should I hire Huggins Law Firm for an open container ticket?
Because one silly mistake at a football game should not cost you thousands of dollars in insurance hikes or ruin your background check. We fight the ticket to protect your good name and keep your money in your pocket.
