Offenses involving the possession or consumption of an open container of alcohol in a vehicle are referred to as open container violations. These laws are designed to prevent impaired driving by restricting the presence of open alcoholic beverages in the passenger areas of vehicles. Most states have open container laws that apply equally to drivers and passengers, and violations can land you a fine, points on your license, and other penalties.

In this article, we will define open container violations, explain how these rules work, and detail the penalties you face.

Key Takeaways

• An open container violation occurs when an open alcoholic beverage is found in the passenger area of a vehicle, whether or not the driver is impaired.
• Generally, these laws pertain to both the driver and the passenger.
• Some states allow open containers in very narrow areas, like a locked glove compartment in a passenger vehicle or the trunk of a commercial limousine.
• If you violate any of these laws, you may be subject to fines, license points, and insurance rate hikes.

What Are Open Container Violations?

Open container violations are state and local laws prohibiting the possession of open alcohol beverages in the passenger areas of motor vehicles. It's all part of a larger effort to decrease drunk driving and keep the public safe.

An open container is typically defined as:

1. An open bottle, can, etc., containing alcohol.
2. A container with a broken seal or with part of the contents consumed.

Under open container laws, such items are generally forbidden to be in areas of a vehicle accessible to the driver or passengers. It covers the front and back seats but not the trunk or a locked glove compartment.

Open container laws are enforced in accordance with federal guidelines established by the Transportation Equity Act for the 21st Century (TEA-21), which incentivizes states to adopt uniform restrictions. While most states comply, there are some variations in how these laws are applied:

• In some states exceptions are made for certain vehicles, including limos, taxis, or party buses in which passengers can legally drink. 
• Additionally, open containers may be permitted in areas not accessible to passengers, such as the trunk or bed of a pickup truck.
• In some states where recreational marijuana is legal, similar laws have been passed prohibiting open marijuana containers in vehicles.

Penalties for Open Container Violations

The penalties for open container violations vary by state but generally include:

• Fines: Open container violations are typically infractions that will get you a $50 to $500 fine. If you offend again or further violate, you may get higher fines.
• Points on Driving Record: In some states, open container violations result in points on the driver’s license, which can lead to higher insurance premiums and potential license suspension for repeat offenders.
• DUI Enhancements: If an open container violation is discovered alongside evidence of impaired driving, it may result in enhanced DUI charges, with harsher penalties for the combined offenses.
• Community Service or Alcohol Education: Sometimes, courts mandate offenders to do community service or attend alcohol education programs.

Defenses Against Open Container Violations

Defending against an open container violation may involve:

• Proving the container was inaccessible: Demonstrating that the open container was stored in the trunk or another area not accessible to passengers.
• Challenging the legality of the stop: Arguing that the officer did not have reasonable cause to stop the vehicle or search its contents.
• Questioning ownership or possession: Claiming that the accused did not own or possess the open container in question.

Bottom Line

Violations of open container laws are a very serious offense that can result in fines, points on your driving record, and higher insurance rates. These laws are designed to deter impaired driving and ensure public safety by restricting the presence of open alcoholic beverages in vehicles.

If you have been cited for an open container violation, consulting an attorney with experience in this area will help you understand your rights and help you consider possible defenses.