What happens if you get an open container

You can get a ticket for an open container if alcohol is open anywhere in the driver or passenger compartment of a vehicle. What happens if you get an open container ticket? The penalties depend on the location of the open container. However, for every situation, breaking the open container law is a misdemeanor. If you receive a ticket for an open container in a work zone at a time when workers are present, the penalties can be doubled. Even if you are ultimately charged with an open container infraction, the arrest is enough to have your license suspended.

You will have to request a hearing within 10 days of your arrest and successfully contest the suspension at a hearing. Plea bargains that consist of only open container tickets are not common for individuals arrested under suspicion of DUI. Instead, the prosecution may offer:. In both these cases, the prosecution is only likely to offer these plea bargains if there are substantial questions about the evidence.

Faulty evidence might include poorly maintained breathalyzers, mishandling of chemical tests, or unreliable police testimony. The best plea bargains come from successful negotiations with the prosecution. A skilled DUI lawyer knows how to attack the evidence for the best leverage in these negotiations. Please leave this field empty. Consent is not a requirement of purchase. Click to call.

Call Now Open Containers In California, any open container ticket you receive will be authorized by Vehicle Code Section Under this section of the vehicle code, in order to be found in violation you must: Be in a vehicle on a public roadway Have a receptacle for alcohol e.

So, putting an open container in the trunk of a vehicle is usually a safe bet. And for cars without trunks, the laws of some states allow open containers behind the last row of seating. Open container laws also normally have exceptions. For example, most states allow open container in the living area of a motorhome and in the passenger areas of vehicles-for-hire such as limousines and party buses. The penalties for open container violations vary by state.

However, the consequences are generally far less serious than those for a DUI conviction. Although jail time is a possibility in some states, it's probably quite unlikely that an open container conviction would actually result in a person going to jail. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.

In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Open Container Violations. What open container laws prohibit and the penalties for possessing an open container of alcohol in a vehicle.