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
Felony Charges for DUI/DWI
Driving under influence (DUI) or driving while intoxicated (DWI) is a serious offense that causes a major part of traffic fatalities every year and can attract heavy penalties for DUI ...
READ MORE
DUI
Being charged with a DUI offense for the first time can have severe repercussions on a person’s life. Along with the stress and humiliation associated with it, the person can ...
READ MORE
The real estate law and the tips to purchase real estate
The Real Estate Law is indeed extensive and this is not possible for a layman to know each and every memorandum of the law. Thus, if you are planning to ...
READ MORE
How to fight traffic tickets (Top Strategies)
If you think you don’t deserve the traffic ticket you got, you can exert effort to fight it off. There are certain strategies you can do to successfully fight traffic ...
READ MORE
Zoning laws – Avoid Zoning trouble
The primordial rule for business location is to never sign a lease for a business zone or space if you are not yet completely sure that you are legally allowed ...
READ MORE
Which terms should be there in your Lease and Rental Agreement
There are terms you need to look out for before you sign a lease or rental agreement. That’s because if you’re not careful enough, chances are, the landlord or landlady ...
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
Driving license suspended? how to preventions
Driving privileges can be revoked for reasonable violations. These violations may pertain to driving under the influence or driving while intoxicated that leads to disobedience to simple or complex road ...
READ MORE
Want to convert your rental unit in to a commercial unit
There are several ways in which you can evict the tenant you don't like without raising the red flag. One of it is to convert or demolish your rented unit. ...
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
Felony Charges for DUI/DWI
Ways to fight and beat a first DUI
The real estate law and the tips to
How to fight traffic tickets (Top Strategies)
Zoning laws – Avoid Zoning trouble
Which terms should be there in your lease
How to hire a real estate attorney?
Driving license suspended? how to preventions
Want to convert your rental unit in to
How to deal with your business debts