Depending on your age, having an open container of alcohol could be a serious offense.
When it comes to alcohol-related driving offenses, you may think that you only have to worry about one: drinking and driving. But in California, it is also against the law to transport open containers of alcohol — even if you aren’t actually intoxicated and are not drinking from it.
California prohibits transporting open containers of alcohol. This means any container of alcohol that has been opened, not just an actual “open” container, such as an open can of beer or a glass of wine. That means that if you have a bottle of hard liquor that you are taking to a friend’s house for a party, you could be penalized under this law if it is not a new, sealed container.
So does this mean that once a bottle of alcohol has been opened, it can never leave your home? Fortunately, no; a DUI lawyer in Rancho Cucamonga, CA can often present a good defense based on your inability to actually reach the open container of alcohol. That means that if you put the open container something that is entirely inaccessible, you either will not be charged with an open container violation or you will have a strong legal defense to the charge. For example, if you place the bottle in the trunk of your car or into the bed of your trunk, that could be a defense to the open container charge. If you put it into the front or back seat of your car, that would likely be a violation of the open container law.
The level of penalty for this offense depends largely on your age. For people of legal drinking age in California — age 21 or older — transporting an open container is an infraction. That means that it is a $250 fine. While this is still a substantial amount of money, it is a relatively minor offense that will not result in jail time or further penalties for most people. But if you are under the age of 21, there are much harsher penalties: you could face a one year suspension of your driver’s license, a fine of up to $1,000 and vehicle impoundment for up to 30 days. There is an exception to this rule for minors, however: if the container of alcohol is full, sealed and unopened, AND the person under the age of 21 is with a parent or other specified adult, getting rid of the alcohol because that adult told them to do so, or they are carrying it as part of their job working for someone with a valid liquor license.
Having an open container of alcohol in your car can be a risky choice, particularly if you are under the age of 21. If you do need to transport alcohol, the best decision is to place it where it is inaccessible to you while you drive, such as in your trunk. Avoid ever having alcohol in the car while a minor is driving. If you have been charged with an open container violation or a DUI, contact a DUI lawyer. In Rancho Cucamonga, CA, the Chambers Law Firm represents clients who have been charged with open container law violations and other alcohol-related crimes. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help you.
