What Are California’s Open Container Laws?
The laws regarding open containers are different everywhere you look in the United States. More states have been moving towards allowing public consumption of alcohol in designated “outdoor refreshment areas,” making open containers legal in specific zones at certain times. However, California is not yet one of these states. It is illegal to drink alcohol in public and specifically unlawful to have an open container of alcohol in your car.
You Do Not Have To Been Seen Drinking to Receive a Fine
Under California’s open container laws, any possession of an unsealed alcoholic beverage in public is an infraction. The rule applies in any publicly owned place, such as a park, open space, or recreational district. It bans you from having any alcoholic beverage that has a broken seal, been opened, or been partially consumed. The actual possession is illegal, not only consumption.
There are two exceptions to the general prohibition on open containers in public. First, you are allowed to have alcoholic beverages if you have been granted a license. For example, if you hold a block party or family reunion in a park and receive a permit to have alcohol on-site, you will not be committing a crime.
The second exception allows you to possess open containers to take them to a designated recycling facility to receive their redemption value.
Illegal Open Container in a Vehicle
While you can only receive a citation for having an open container in public, you may face harsher punishments if you have an open container in your vehicle. It is illegal to have any open container of alcohol in a car, even if you are not consuming it. This ban applies not only to drivers, but to passengers as well.
There is an exception to the law for carrying open containers in areas of the vehicle that are not typically occupied by people. For example, having an open bottle of vodka in the trunk or your car or in the bed of your truck would not be a violation. There is also an exception allowing passengers to drink in a hired vehicle, such as a limo or party bus.
Generally, if you are caught with an open container in your car and the police can prove you possessed it, you will face a $250 fine. However, be aware that having an open container in the vehicle can be used as probable cause for a DUI arrest. Any DUI arrest will end up having more significant consequences.
Underage Possession in a Car
Finally, California punishes minors that have containers of alcohol in a vehicle more severely. If you are not yet 21 years old, it is a crime to be the driver or a passenger in any car that contains alcohol. This is true regardless of whether the container is open or closed. You have to know that there is alcohol in the vehicle to be charged. There is also an exception if you are accompanied by a parent or guardian.
Anyone who violates the prohibition on minors possessing alcohol faces misdemeanor charges that can lead to six months in county jail and a $1,000 fine. You’ll also have your driver’s license suspended for at least a year.
On top of the other consequences, receiving a violation for having an open container in your car in Orange, California, can affect your insurance premiums. Set up a free case evaluation with a member of the experienced criminal defense team at the Chambers Law Firm by calling 714-760-4088 or emailing dchambers@clfca.com
