What are Open Container Laws?

 

As drunk driving has become a major problem, open container laws were introduced to regulate open alcohol containers in vehicles. These laws were solely introduced to prevent drinking in the vehicle, and hence avoid DUI accidents.

 

Open container laws are state laws rather than federal laws, which means that they vary from state to state. The laws prohibit the existence of open containers of alcohol in certain areas, such as in public places like parks and vehicles. Almost all states have an outright ban on open containers in vehicles, except for 11. These include Alaska, Louisiana, Tennessee and Wyoming, which have partial bans, whereas Arkansas, Connecticut, Delaware, Mississippi, Missouri, Virginia, and West Virginia actually allow passengers to drink.

 

Typical Statutes

 

“Open container” laws prohibit the possession of any open alcoholic beverage container and its consumption in the passenger area of a motor vehicle. Since all states have laws for impaired and drunk driving, open container laws are considered by police authorities to be an important tool in the prevention of impaired driving. States that follow these laws stringently have passed extremely restrictive laws which prohibit you to carry any bottle, container or can which has a broken seal in ANY part of the vehicle. In most states, open container laws meet the following compliance requirements:

 

• A container with a broken seal or a container that is open, such as a cup, can, bottle or jar
• It is unlawful for passengers in the vehicle to possess an open container
• The law also includes possession of and consumption of an alcoholic beverage while seated in a parked or stopped motor vehicle
• The law covers having a drink on public property, such as sidewalks, streets and roadways
• According to open container laws, the container belongs to the passenger only if they have it in their physical control
• In other cases, if the container is not locked in the trunk, glove compartment or other locked area of the vehicle, it belongs to the driver.

 

Possession of an open container is considered a primary enforcement law, which means that you can be given a ticket on this offense. However, the law is exempt for vehicles over 21 feet, such as buses, limos, taxis and home trailers.

 

Apart from the ticket, the driver and passenger can also be fined which vary from state to state. The dollar amount can vary depending on the municipality as well as points assessed for the driver. These fines can be as low as $50 or could be as high as $2,000 and the driver can also be sentenced up to 30 days in prison. The passenger can be fined up to $250 with up to 30 days in jail. The only way you can avoid fines, points and possible prison time as a result of violating open container laws is not have alcohol in your car.

 

Remember that in case you are stopped and charged with drunk driving and an open container is found in your vehicle, you may face enhanced charges apart from DUI charges. If you find yourself charged with an open container violation or a drunk driving charge, you must contact a DUI attorney for good defense.