In many jurisdictions, in the passenger seat of a car, a person cannot have an open container of alcohol. This is illegal per their state’s open container laws. On the other hand, DUI laws make driving under the influence of alcohol a crime (if the person’s BAC is .08% and more when they’re driving).
In most states, the infraction is punishable by a fine if the open container law is violated. More severe, however, are DUI charges. Up to six months of jail time may be assigned as punishment for the misdemeanor of a first-time DUI offense.
With a good legal defense, either of these can be challenged by the party involved. If, for example, probable cause was not shown by the officer (to stop the individual’s car), the driver may say they are innocent.
Driving Under the Influence
In most jurisdictions, while under the influence of alcohol, it is illegal to operate a motor vehicle. If a person can’t drive as cautiously as a sober person because their mental and/or physical abilities are impaired by alcohol, they are considered under the influence.
It’s usually a misdemeanor when it’s a first offense. For this particular crime, different penalties are imposed by various states. Most agree, however, to assign one or more of the following punishments:
- Monitored sobriety
- DUI school
- Treatment programs for alcohol abuse
- Substance and/or alcohol abuse evaluations
- In the accused’s vehicle, mandatory IID installation (ignition interlock device)
- Vehicle confiscation and/or vehicle impoundment
- Driver’s license revocation or suspension
- Jail time
Open Container Laws
In most of the United States, open alcohol container laws make it illegal for individuals to:
- Drive with an open alcoholic beverage, even if consumption isn’t currently being executed and
- Operate a motor vehicle when there is, within the passenger area, an alcoholic beverage
But what constitutes “open”? You have an open beverage if:
- It was entirely or partially consumed or
- The seal has been broken
- For consumption, someone opened it (popped the top/tab, removed the bottle cap, etc.)
What’s up with laws like this? They are created and enforced to:
- Discourage driving while drinking and
- Reduce intoxication in public
However, open container laws do not apply in every single state! Some of the states that do not observe the open container law are as follows:
- Connecticut
- Arkansas
- Alaska
Fines are frequently used when an infraction of an open container law conviction occurs.
Can You Fight an Open Container Conviction?
Both DUI and open container defenses can be mounted by a skilled attorney. If you’ve been convicted of either of these, consult with a lawyer and see what they advise. You may have a case.
Without probable cause, technically, you should not be stopped. This is used as a defense in many cases. Defenses for open container laws can also consist of the following:
- In the passenger area of the vehicle, there was no open container, and
- ● It was only because of an illegal search and seizure that the police found the container
Count on the Jackson Bibby Awareness Group If You’ve Been Convicted of DUI
You can count on The Jackson Bibby Awareness Group to supply you with classes, counseling, and mentoring, whether you are a first-time DUI offender or a multiple DUI offender.
At Jackson Bibby Awareness Group, we will introduce you to the negative effects of driving under the influence where you, as an individual, are concerned, as well as your community and your family.
Contact our Victorville office at 760-241-3300, our Barstow office at 760-256-6114, or our Redlands office at 909-792-6925.
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