While driving your car, you are not allowed to have any alcohol containers, such as bottles and cans, that have been opened, having broken seal, nor had its content partially removed.

The leading non-DUI/DWI offense related to alcohol charged to a driver is the open container violation.

Here are the elements involved in an open container violation:

  1. You are driving a motor vehicle.
  2. You are driving on a highway or any public roads. This does not include parking lots and private roads.
  3. You have an alcohol container, like a glass, a bottle or a can near you, in your pocket or in your hand.
  4. The container has alcoholic beverage of any amount when seen by the officer. The smell of alcohol is not ample to be considered as an offense.
  5. If the bottle’s seal is broken or the alcoholic beverage in the container is partially removed, then it is considered a violation.

Usually, when an officer sees that there is an open container of an alcoholic beverage in your car, rest assured, you will be accused with open container violation. This is the next big offense an officer can charge you with if he or she rules out DUI/DWI.

If you are accused for open container violation, and you can’t come up with an acceptable defense, you better negotiate with the officer for a lighter violation. You can go for an open container kept in vehicle violation. The major defense for this violation is you didn’t know the open container was in the vehicle.

If only the passenger has the open container, he or she will be cited with open container violation along with the driver for letting that person bring an open alcoholic container in the car, so be careful in letting other people in your car.

To get through an open container violation, it is best to consult or hire a lawyer to guide you through the legal proceedings.

Related Posts
Workers Compensation: Different illness and injuries covered
Just because you work in a company that has workers compensation doesn't mean you're entitled for coverage right away. Although it's very unfortunate that you met an accident or that ...
READ MORE
Renting Office Space: Know What’s Involved
Office spaces are efficient for business owners and entrepreneurs to run their operations. Sometimes, sharing these commercial spaces with another person in the same line of profession or business is ...
READ MORE
How to check your landlord?
Just as the landlord screens the tenants, you should also check out your landlord. Your landlord wants to know if you are diligent in paying the rent. You should also ...
READ MORE
Chapter 7 Bankruptcy
If you go for Chapter 7 bankruptcy, you may have a lot or all of your debts canceled. On the other hand, you might need to sell some or all ...
READ MORE
How landlords can check a tenant’s credit report?
There are private credits reporting agencies that collect credit files and other consumer information and sell them. Landlords can get the credit report of their tenants through these agencies. Landlords ...
READ MORE
How to hire a real estate attorney?
It's really a great idea to hire a real estate attorney early on because it will help you save more time and money as well as defend you from various ...
READ MORE
How to deal with your business debts
Around 90 percent of businesses fail before they even reach ten years. And in this challenging economy, it would be normal if your business would dwindle down to failure. This ...
READ MORE
Decide when you should file a lawsuit?
Before deciding to file a lawsuit, here are important things you should consider. First, determine if you have a good case. Reflect if you can accept compromise settlement, or if ...
READ MORE
Real estate property purchasing option?
When you are investing on a real estate property, you can choose to buy through real estate investment trust (REIT), limited liability company (LLC) or under your own name. Choosing ...
READ MORE
Workers Compensation: Different illness and injuries covered
Renting Office Space: Know What’s Involved
How to check your landlord?
Chapter 7 Bankruptcy
How landlords can check a tenant’s credit report?
How to hire a real estate attorney?
How to deal with your business debts
Contact Affordable Lawyer
Decide when you should file a lawsuit?
Real estate property purchasing option?