Open Container Laws
In order to deter people from drinking and driving, many states have implemented open container laws. These laws make it illegal for the driver and passengers in a vehicle to have an open container of alcohol. Any open containers must be transported in the trunk of the vehicle, where it cannot be accessed by the driver and passengers.What is considered an “open container?” A container may be a can, jar, bottle, flask, or any other receptacle that is used to hold alcohol. The container may contain beer, wine, liquor, or spirits. If the seal or top is open and can easily be consumed by the driver or passengers, it is considered an open container.
Since the federal government is unable to enact open container laws, it can place pressure on the states to pass their own legislation. In the Transportation Equity Act for the 21st Century (or Tea-21), the federal government set out guidelines and criteria that states must meet in order to receive highway funding. If the state does not comply with the guidelines, a portion of the state’s funds must be directed to alcohol awareness. There are currently 11 states that do not have an outright ban on open alcohol containers in the vehicle: Alaska, Louisiana, Tennessee, and Wyoming only have a partial ban on open containers, while Arkansas, Connecticut, Delaware, Mississippi, Missouri, Virginia, and West Virginia allow passengers to consume alcohol.
Most states also have laws regarding open containers in public, though the rules and penalties vary from state to state. There are some areas that have exemptions to this law such as the French Quarter in New Orleans, the historic district of Savannah, the Strip in Las Vegas, and Butte, Montana.
As stated above, the penalties for violating an open container law vary from state to state. For an open container in public violation, the penalty may only be a small fine. However, if you are a driver who is pulled over for DUI and the officer found an open container in your vehicle, you may be subject to enhanced penalties.
Have you recently been issued a citation or ticket for violating your state’s open container laws? Depending on the severity of the charge, you may need to contact an experienced defense attorney in your area today.
