Can Passengers Drink Alcohol in a Car?

DUI laws mainly apply to drivers. However, they can apply to passengers in some situations. For example, the open container laws can affect the driver if passengers are drinking alcohol in the vehicle. It helps to understand what the law prohibits and allows you to avoid facing serious charges. This is because a conviction for a DUI offense can result in a hefty fine and a damaging criminal record. A skilled criminal attorney can also help you navigate the legal system if you are charged with drinking in the car or having an open container. They can fight your charges using the best legal strategies for a favorable outcome in your case.

Laws Regarding Alcohol in a Vehicle

The consumption of alcohol by motorists is highly regulated in California. This explains the stringent DUI laws and severe consequences for anyone convicted of a DUI. However, rules are a bit flexible regarding passengers drinking in a vehicle. To some extent, California allows passengers to consume alcohol in a vehicle. However, this only applies if the car is parked or riding on a private space or road. A driver can face severe charges for allowing passengers to drink alcohol in public, including on public roads and parking spaces.

The law specifically prohibits drivers and passengers from having an open alcohol container or drinking alcohol in the vehicle’s passenger area. The passenger area refers to any area inside the car where a passenger can legally sit. This means that the driver cannot have an open alcohol container anywhere accessible to a passenger. Note that the trunk is not considered a passenger area of a vehicle. Even though some people ride in trunks, the law does not consider it a passenger area. This means that having an open container in a trunk does not violate the provisions of this law.

An open alcohol container is one of the elements that the prosecutor must prove to obtain a guilty verdict. It refers to any container of an alcoholic drink. The container is considered open once its seal is broken. The container doesn't need to be open at the time for the prosecutor to file charges. What matters is that its seal is broken, and its content is accessible to the vehicle occupants. Also, it does not matter how far the container is from the passengers or the driver. The charges hold as long as they are within the vehicle's passenger area.

When Can A Passenger Drink Alcohol in a Vehicle?

Many states have open container laws to comply with federal laws. This means that you can face state or federal charges for having an open container or allowing passengers to drink alcohol in your vehicle. The 21st Century Transportation Equity Act prohibits the following:

• Having an open alcoholic container in a vehicle
• The drinking of alcohol in a vehicle
• Having an open container in any area accessible to your passengers from their sitting area, including an unlocked glove compartment
• The container must contain a beverage with an alcohol content of at least half its volume.
• The law applies to all motor vehicles, excluding those used as limousines, living quarters (RVs), and taxis.
• The law prohibits the possession of an open container or the drinking of alcohol in a vehicle on public property, whether on public roads or in public parking spaces.
• This prohibition is a primary crime, which means the police can stop and investigate you if they have probable cause to believe you are violating the open container statute.

California has since adopted the provisions of these federal laws, providing severe consequences for anyone found in violation.

Open Container Laws for Marijuana

Since consumption of marijuana is legal in California, the state has open-container laws for marijuana. This means that a driver must not have an open container for cannabis in their vehicle, or at least within their car’s passenger area. They must also not consume or allow their passengers to consume marijuana in the car, provided the vehicle is using public roads or parking spaces. Just like an open alcohol container, an open marijuana container has its seal broken. Its lid doesn't need to be off for the prosecutor to file charges. If you have an open container for marijuana, it should be outside your vehicle’s passenger area.

Depending on the circumstances of your case, the prosecutor can file an infraction or misdemeanor charge. For example, if the quantity of cannabis in your vehicle is substantial, you could be sentenced to jail and a heftier fine.

Common Exceptions for Open Container Laws

The law does not have many exceptions for open container statutes. The most common exception is having an open container outside your vehicle’s passenger area. For example, you can avoid criminal charges if the container is in an area of the vehicle outside your passengers’ reach, like the trunk. Remember that the law applies when passengers can access the container from their seats. It will be impossible to reach an open container in a trunk. If your vehicle does not have a trunk and the container is in an area that is out of your passengers’ reach, you can apply this exception to avoid criminal liability.

For example, suppose your passengers are sitting with you in your car’s front seats. An open alcohol or marijuana container is accessible to them if it is in the farthest corner of the vehicle’s back seat. This means you can still face charges even if the passengers cannot access the container from where they are sitting. What matters is that the container is within their sitting area. However, you can convince the prosecutor to drop your charges if your vehicle does not have a trunk.

Typically, you could be exempted from charges under these statutes based on the kind of vehicle you drive. If your vehicle does not have a trunk, an aggressive attorney can help you obtain a favorable outcome if the open container is far from your passenger’s reach. You are also exempt from charges if the open container is within the living space of your vehicle. For example, if your vehicle has a living area and your passengers are within that living area, you can avoid legal charges. Additionally, you are not criminally liable if you operate a taxi, limousine, or any other hired vehicle or if the passengers decide to drink alcohol in the vehicle.

The Legal Meaning of Open Container Laws

The open container statutes make it unlawful for a driver to have an alcoholic drink in an open container in their vehicle. The container can be physically opened or closed but with a broken seal. The law applies even if the motorist or passengers are not consuming the beverage. Typically, this is an infraction whose sentence is a maximum court fine of $250. But you can face grave penalties if you are an underage driver or have an underage passenger in the vehicle. If you are a driver aged under 21 or have an underage passenger, the prosecutor can file a misdemeanor charge for having an open alcoholic container in your vehicle. The misdemeanor is punishable by six months of jail time or a fine of $1,000.

Open container laws are several laws under various statutes that prohibit similar conduct. The laws have one thing in common, which is that they prohibit having an open alcoholic container in a car while driving on a public road or parked in a public space. The various statutes under open container laws include the following:

• Consuming an alcoholic drink while in a vehicle under VC 23221
• Having an open alcohol container in a vehicle under VC 23222
• Having an open alcohol container in a vehicle as an underage driver aged 21 or younger under VC 23224
• Keeping open alcohol container in a vehicle’s trunk under VC 23225
• Having open alcohol containers in a vehicle’s passenger compartment under VC 23226
• Open container exceptions for vehicles on hire
• Having an open alcohol container in an in-hire car ferrying young passengers under 21

Remember that an open container does not mean that the container’s top is missing, but that the container is unsealed, partially open, or the beverage is partially consumed.

If the police arrest you for having an open alcohol container in your car, it does not automatically mean that you are guilty. The prosecutor must prove all the elements of this offense beyond a reasonable doubt. This means that the prosecutor must demonstrate that an alcohol container was in your vehicle and that the bottle was opened.

You are not guilty if the possessor cannot demonstrate that the bottle was in your possession. Being in possession means being in control of the container. If the container was not in your person, the prosecutor must demonstrate that you knew and controlled it. But if the police have evidence that you consumed the alcoholic beverage, the prosecutor can cite you under VC 23221 or file DUI charges, depending on your case’s circumstances.

The Consequences of Violating the Open Container Laws

In most cases, open container laws are infractions. This means they are punishable by court fines, not jail or prison sentences. You will likely receive a maximum fine of $250 if found guilty of violating these laws. However, the judge has absolute discretion to dismiss your charges or increase your penalty under specific circumstances. For example, if your vehicle does not have a trunk and the open container is far from your passenger’s reach, the judge can dismiss your charges.

However, the judge can increase your penalties if you are an underage driver or if minors are involved in your case. Remember that the legal age of drinking in California is 21. An underage driver (under 21) cannot operate even with a BAC of 0.01%. V 23224 prohibits underage possession of alcoholic beverages. The law specifically prohibits the following:

• Knowingly having an alcoholic drink in a car as an underage driver (the law applies whether the alcohol container is sealed or unsealed)
• Knowingly having an alcoholic drink in a car as an underage passenger (whether the container is open or unopened)

VC 2224 is a misdemeanor offense punishable by a $1000 fine or a one-year jail sentence. Additionally, the DMV can suspend your driver’s license for one year or delay your efforts to obtain one if you do not already have one. The DMV can also impound your vehicle for a minimum of thirty days.

In addition to these penalties, you could gain points on your driver’s record. The points remain on your record for three to ten years and will affect various aspects of your life, including your insurance rate.

If the prosecutor files charges under open container laws in connection with a DUI charge, the judge can sentence you to jail in addition to the fine. A jail sentence will leave you with a damaging criminal record and affect your social and professional lives.

Fighting an Open Container Charge

You can face severe charges for allowing passengers to drink alcohol in your vehicle or simply having an open alcohol container in your vehicle. Fortunately, you can fight your charges in court with the help of an aggressive criminal attorney. An experienced attorney can use some of the best legal defense strategies to compel the prosecutor or judge to dismiss your charges. Then, you will not have to pay the hefty fine, serve a jail sentence, or face other consequences of a criminal conviction. Here are some of the best strategies that could result in a fair outcome for your situation:

The Container was in the Trunk

The open container laws apply in cases where a driver has an open alcohol or marijuana container in their vehicle within the vehicle’s passenger area. The laws prevent the driver and passengers from drinking alcohol or smoking marijuana while in public. But you are exempt from the laws and their consequences if the container is away from your or your passenger’s reach. Thus, if the container is in your vehicle’s trunk, you can use this defense strategy to fight your ticket. You can also use this strategy if the container is in another locked container or any vehicle part out of the passengers’ reach. You can use the latter argument if your vehicle does not have a trunk.

If the container was out of your reach and your passengers could not access it, the judge will dismiss your charges.

You Were Driving an In-Hire Vehicle

You are not criminally liable if passengers in your vehicle were drinking alcohol and they hired the vehicle. Examples of in-hire vehicles are limousines, taxis, campers, or housecars. Remember that you are exempt from liability under open container laws if the alcohol container is in the living part of your vehicle or the vehicle is for hire. However, you must prove that you did not consume the alcohol while driving. Remember that only passengers in an in-hire vehicle are exempt from persecution under these laws. The driver is criminally liable if they operate any vehicle while under the influence of alcohol or drugs under DUI laws.

The Police Lacked Probable Cause for Your Arrest

The police must operate within their legal limits when investigating crimes and arresting suspected offenders. If you are driving a vehicle or parked in a public space, the police need probable cause to stop and investigate you for a particular crime. Any evidence they gather after violating your rights is inadmissible in court. Thus, if you are sure the police lacked probable cause to investigate you for having an open container in your vehicle, your attorney can use this strategy. They can compel the judge to dismiss your charges for lack of sufficient evidence or a violation of your civil rights.

The Police Conducted an Unlawful Search or Seizure

The police must obtain a warrant to search a suspected offender’s person and property. The warrant must provide limits within which the police must confine their search. If an officer searched your person or vehicle without a warrant or went beyond their search warrant, any evidence gathered after this violation is inadmissible in court.

An aggressive attorney can use this strategy to compel the judge to dismiss crucial evidence against you. That could leave the prosecutor with minimal or zero evidence to obtain a conviction.

Find a Competent Criminal Attorney Near Me

Do you face criminal charges in Bakersfield for allowing passengers to drink alcohol or for having an open alcohol container in your vehicle?

Under specific circumstances, these grave charges can result in a hefty court fine or a jail sentence. However, an experienced criminal attorney can help you fight your ticket or charges in court.

At the Koenig Law Office, we understand how damaging a traffic ticket can be to your driver’s record. We offer a solid defense against your ticket or criminal charges. We can use the best legal defense strategies to obtain a fair outcome for your situation. Call us at 661-793-7222 to learn more about your options and our services.