Driving with an open container of alcohol is a violation of California law — even if you’re sober.
Most people know that driving drunk is a crime, and try to avoid situations where they may get charged with this crime. But did you know that just driving with an open container of alcohol in your car — even if you are perfectly sober — can also be a crime?
Avoiding an “open container” charge is not that difficult — if you understand what the law is and what the potential defenses to the charge are. Read on to learn more about open container violations from a DUI lawyer in Irvine, CA.
What Is An Open Container Violation?
Under California law, it is generally against the law to drive or ride in a car that has an open container of alcohol in it (including beer, wine, hard alcohol or any other type of alcoholic beverage). Importantly, the open container law does not require that the container actually be open or that anyone be consuming the alcohol. It is enough to show that the seal has been broken, the bottle or can is partially empty, or that the container was previously opened.
California law prohibits a number of actions related to open containers, including simply possessing an open container in a vehicle and drinking alcohol in a vehicle. It is also a crime to have an open container in the car if you are under the legal drinking age.
To successfully prosecute an open container case, the prosecutor must show that there was a container of alcohol in your vehicle, that it was open, and that you actually possessed the open container. If more than one person is in the car, it may be difficult for a prosecutor to prove that you actually had custody or control over the container — which may help to defeat the open container charge.
In most cases, for drivers age 21 and over, an open container violation is considered an infraction and is punished by a fine of up to $250. But for drivers and passengers under 21, an open container violation is a misdemeanor charge and could be sentenced to up to 6 months in jail and a maximum of $1,000 in fines.
How Can You Defend Against Open Container Charges?
There are many potential defenses to open container laws for adults of legal drinking age. A skilled DUI lawyer in Irvine, CA can evaluate your case and help you mount a defense to an open container charge.
The first potential defense to an open container car is that the alcohol was stored in a place where people typically do not ride, such as in a trunk or in the bed of a truck. If the alcohol was in a locked container, that is also a defense to the charge. If the facts show that the alcohol in question was not stored where you or other passengers could access it while driving, you may be acquitted of the open container charges.
There is also an exemption in the law for passengers in a hired car, such as a bus, taxi, limo, a RV or a camper to have an open container. The passengers in these vehicles are permitted to drink alcohol while on the road and to posses open containers as long as they are age 21 or older. Drivers are still not permitted to drink or have open containers alcohol while operating these types of vehicles.
You can also argue that the police illegally stopped you or that the police did not have cause to search your vehicle to find the open container. A skilled DUI lawyer in Irvine, CA can assess the facts of your case to determine if this defense is available to you.
If you have been charged with an open container violation, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We will analyze your case to come up with the best possible defense to the charges — and we will fight for you! Initial consultations for DUI, open container and related cases are always free.
