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Ignorance of the law is never an excuse for breaking it, especially when it comes to DUI laws. Most drivers know it’s illegal to drink any type of alcohol while driving. However, not everyone realizes that having an open container of alcohol in your vehicle — even if no one is consuming it — is also illegal.
According to the U.S. Department of Transportation, drunk driving kills one person every 39 minutes in the United States. DUI laws are intended to help reduce drunk-driving accidents. California lawmakers take DUI violations seriously, and the law is clear on what does and doesn’t constitute an open container.
Per California’s Vehicle Code Sections 23111-23229 VC, an open container includes any bottle, flask, can, glass, or other container that has alcohol in it.
“Open” doesn’t mean the lid is off or the cork has been removed. If the seal on a container of alcohol has been broken or the contents are partially consumed, it’s legally considered an open container.
The location of the container also matters. You may transport open alcohol containers in the trunk of the car or another locked compartment.
For example, if you order a bottle of wine while dining out but don’t finish it all, you can place the bottle in the trunk to take it home. Because no one in the car can access the bottle, there isn’t a legal issue.
The specific laws that relate to open containers in California include:
Since the legalization of recreational cannabis in California, open container laws also apply to carrying marijuana in a vehicle.
The penalty for being caught with an open container is relatively small compared to other DUI-related infractions. The driver will be issued a ticket, receive points on their driver’s license, and must pay a fine of up to $250. However, additional considerations can make open container violations more serious.
Consequences for people under the age of 21 (the legal drinking age in California) may include:
Regardless of age, if an open container violation leads to the death of another person, the offender will be fined and ordered to perform community service.
You can easily avoid getting an open container violation by making sure all open alcohol and cannabis products are safely stowed in the trunk of your vehicle. If you receive a citation, cooperate with law enforcement and accept the ticket without argument.
Most drivers are content to simply pay the fee and put the issue to rest. Some are concerned about having points on their record, but there are steps you can take to have traffic violation points removed. Others believe they’re innocent of violating the law and prefer to have their day in court.
Just because you receive a violation for driving with an open container of alcohol or cannabis doesn’t mean you’re powerless to take action.
There are several legitimate strategies criminal defense attorneys can use to help clients avoid penalties for violating California’s open container laws. If you wish to contest the ticket, consider speaking with an experienced attorney to better understand your options.
Since 1992, our personal injury attorneys at the Pines Salomon Injury Lawyers, LLP. have been fighting for the people of San Diego. Now, when those injured in automobile accidents – including car, truck, and motorcycle accidents – need financial help, or for the families that need to know that the loss of a loved one could have been prevented, there is a personal injury law firm in San Diego that is on their side. If you or a family member has been injured, call the lawyers at Pines Salomon Injury Lawyers, LLP. There’s never been a better time than right now to speak to a personal injury attorney—FREE of charge. Call us at 858-551-2090 or request a free consultation online today!
SENIOR PERSONAL INJURY ATTORNEY & FIRM FOUNDER
Michael Pines is a former insurance company attorney who graduated from the University of California Hastings College of the Law in 1987. While he was an insurance attorney, he learned from behind the scenes how insurance companies work and how they decide how much to pay injured people. Now that he works against insurance companies, Michael’s inside knowledge has resulted in significant benefits to his clients injured in car accidents. Learn more about Michael Pines