California has several open container laws that can result in various penalties and punishments if violated. Understanding California open container laws and the need to consult a Los Angeles criminal defense lawyer might help you avoid the most severe penalties. Before we review specific open container offenses and the potential penalties for a conviction, it is important to understand what we mean by “open container.” Open does not mean that the lid must be off the container of alcohol to be charged with an offense. “Open” refers to a container of alcohol that:
- Has been opened
- Is open without a lid
- Has a broken seal
- Has been partially or entirely consumed
Examples of California Open Container Laws
Numerous open container laws relate to having alcohol in a vehicle. Examples of open container laws include, but are not limited to:- Driving while drinking alcohol (CVC §23221)
- Possession of an open container of alcohol in a vehicle while driving (CVC §23222a)
- Possession of an open container of alcohol in a vehicle by someone under 21 years old while driving a car or being in a car as a passenger (CVC §23224)
- Drinking an alcoholic beverage as a passenger in a vehicle being driven on a highway (CVC §23221)
- Keeping an open container that is not in the trunk of the vehicle while driving (CVC §23225)
- Keeping an open container in a vehicle in the passenger area while driving (CVC §23226)
What Is the Penalty for Violating California’s Open Container Laws?
In most cases, open container laws are infractions. An infraction is punished by a fine of up to $250. However, infractions do not result in jail time. The exception is the open container offense related to a person under 21 years old. Underage possession of alcohol is a misdemeanor offense. A conviction can result in a maximum fine of up to $1,000, up to six months in jail, and a driver’s license suspension for one year.Fighting Violations of Open Container Laws in California
It is possible to fight California open container charges. Depending on the circumstances of your case, there could be one or more defenses a lawyer might use. Potential defenses to open container charges include, but are not limited to:- The alcohol was stored in the vehicle’s trunk or an area specified by law.
- You are exempt from the open container law because you were a passenger in a taxi, bus, camper, housecar, or limousine, and no one in the vehicle was under 21 years old.
- The open container was found during an illegal search and seizure.
- There was no probable cause for the police officer to stop the vehicle.