999 Fifth Avenue, Suite 350, San Rafael, CA 94901

Call Today for Your Free Consultation
Call Us 415-729-7300

Subscribe to this list via RSS Blog posts tagged in open container

What Are the Penalties for Having an Open Alcohol Container in Your Car?When it comes to criminal law, alcohol does not mix well with driving. Drivers should know that it is illegal to drive while under the influence of alcohol, which California defines as having a blood alcohol concentration that is greater than 0.08 percent. It can also be illegal to possess an alcoholic beverage in a vehicle, depending on where the beverage is and what has been done with it. Violating the open container law in California is not as serious as being convicted for DUI, but the consequences can eventually add up to more serious penalties.

Defining Open Containers

An open container violation can occur if a police officer notices a container in plain view inside of a vehicle or discovers it during an authorized vehicle search. California law deems an alcohol container to be open if:

  • The top has been opened
  • A seal has been broken
  • The container is partially or totally emptied

The officer does not need to catch you drinking the beverage or driving the vehicle to issue a citation for an open container violation.

...
VISIT OUR OTHER WEBSITES SONOMA NAPA SAN FRANCISCO MARIN
Back to Top