Open Container Laws In California

In California, it is against the law to drive with an open alcoholic beverage. The law applies even if the alcohol hasn’t been consumed. Legal defenses for  driving with an open container include:

·         If the alcohol was situated in the trunk, the charges will be invalid.

·         Another popular defense is that if there was no good reason for the police officer to stop and search, such as failure to stop at a traffic light, and other traffic offenses, in many cases the trial is thrown out.

If passengers had chartered a vehicle, like a cabbie for example, this can be used as a defense that they were not driving.

Definition of An Open Container

When someone reads the term “open container”, they’re probably picturing a beer with the lid off. This limits the definition and elements of the law. An open container is essentially a container that has a broken seal, it’s been opened, or part of the beverage was consumed.

California Penalties for Driving with an Open Alcohol Container:

·         For Adults: Infraction charges with fines of up to two hundred and fifty dollars

·         For Minors under 21: Misdemeanor charges that are subject to up to six months in jail and up to one thousand dollars in fines

If you’ve recently moved to California, get acquainted with other laws in CA here. Residents will learn that there’s a zero tolerance policy for drinking under the influence of alcohol or drugs. The impacts are much greater for minors who commit a DUI offense.

Other closely related California vehicle codes include drinking in a car, possessing an open container, storing alcohol while carrying an underage person and more.

If you’ve had a legal run in with a DUI, or other types of misdemeanors, contact a defense attorney here.