Open container means that the container holding an alcoholic drink was opened or the contents have been partially removed. In California, open container laws apply to alcoholic beverages in various circumstances such as in public, while driving a vehicle, or underage. Most places in the United States have open container laws that aim to reduce intoxication for people under 21, people operating vehicles, or in public.
The consequences of an open container violation can be serious, especially if not addressed correctly. An experienced criminal defense attorney will defend you and protect your rights and interests. The alcohol crimes lawyers at My Rights Law understand the law and the stakes involved in your case and are ready to fight for you. To learn more or schedule your free initial case consultation, call us at (909) 340-2000 or contact us through our secure web form.
An open container violation means possessing an open container of alcohol. A container can be any receptacle—bottle, can, refillable mug, or whatever—containing alcohol that has been opened, the seal broken, or some of its contents removed.[1] Depending on the circumstances of your violation, you can be charged with open container violations in several circumstances.
Underage open container laws make it illegal for anyone under 21 to possess alcohol unless there is some permitted exception. Under the rule, if you are under 21 and have alcohol in your possession, you have committed an underage open container offense, whether you have consumed any alcohol or not.[2] Exceptions include delivering alcohol to a parent or seeking medical help for themselves or another underage person from drinking alcohol.[3] An underage open container conviction is a misdemeanor, with penalties including a possible fine of $250 and up to 32 hours of community service. In addition, you may face a one-year suspension of your driver's license or a one-year delay after passing your driver's test.
Related charge: Selling or furnishing alcohol to a minor
Public open container laws use the same open container definition but make it illegal to have that open container in a public place, such as a city park.[4] If you have an open container in a public place, you may be charged with the violation. However, there are a couple of exceptions where an open container in a public place is permitted. For example, if you have an open container at an event licensed to serve alcohol, you will not be charged with open container.[5] If you are convicted of a public open container violation, you may be subject to a maximum fine of $250.
Open container vehicle is the most serious of the three open container violations. The laws and penalties for this type of violation are more severe because easy access to alcohol while driving increases the chance that you might drive while impaired, posing serious harm to yourself and others. Open container in a vehicle violations often lead to DUI arrests even if the vehicle driver is not impaired. Under California vehicle code, you may be charged with open container in a vehicle where:
If convicted of open container in a vehicle, you may face fines up to $250. If you are under 21 and driving with alcohol in the vehicle with no permitted exceptions, you may face a misdemeanor, up to six months in jail, a $1000 fine, and having your car impounded.
Defenses to open container charges in California include cases where law enforcement violated the US Constitution's Fourth Amendment against Unlawful Searches and Seizures. There was no alcohol in the passenger compartment, or the driver is licensed to transport passengers. Concerning alcohol not being in the passenger compartment, open containers stored in a trunk, places in the vehicle not normally occupied by passengers, or a locked container will not violate the rules against open containers in vehicles.
If you have been charged with an open container violation, it is vital that you hire an experienced criminal defense attorney to represent you. My Rights Law understand the law, process, and prosecution's tactics to help protect your rights and interests. To learn more or schedule your free initial case consultation, call us at (909) 340-2000 or by filling out our secure web form today.
FOOTNOTES
[1] Business and Professions Code 25620
[2] Business and Professions Code 25662(a)
[3] Business and Professions Code 25662(a)
[4] Business and Professions Code 25620(a)
[5] Business and Professions Code 25620(b)
[6] Business and Professions Code 23224
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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