Carrying an open container or other receptacles for alcohol or marijuana in a vehicle on a public road is typically not a serious offense. When you receive a standard open container ticket, it’s at the lowest level: an infraction. The only punishment for an infraction is a small monetary fine.
However, an open container stored improperly in a vehicle may trigger something far worse: a DUI investigation. Even if you show no signs of impairment, a visible open container is an invitation for a peace officer to detain you for a DUI investigation.
The police can arrest you for a DUI because of an open container in your vehicle. A Los Angeles DUI lawyer can help you face these charges and protect yourself from fines, jail time, and the loss of your driving privileges.
What Is California’s Open Container Charge?
In California, any open container ticket you receive falls under Vehicle Code Section 23222. You may violate this section of the vehicle code if you:
- Occupy a vehicle on a public roadway
- Have a receptacle for alcohol (e.g., can, bottle) or marijuana (e.g., any package that may have carried any form of cannabis)
- That receptacle has to have a broken seal or be otherwise open
A ticket for an open alcohol container comes with a fine of up to $250. For marijuana, the fine is $100. In both cases, it is an infraction and bears no additional criminal penalties for the violation.
So, how serious is an open container ticket? Typically, a container violation represents one of California’s less serious traffic violations.
Can You Face an Open Container Charge for Medical Marijuana?
CA Vehicle Code 23222(a) – Open Containers allows waivers for individuals possessing a valid medical reason for having marijuana on them.
If you possess a current identification card or doctor’s recommendation and the container is sealed, resealed, or otherwise closed, you will not violate California’s container law.
Minors May Face Harsher Restrictions for Open Containers
Minors face a special restriction when it comes to having alcohol or marijuana in the vehicle. If you are under the age of 21, you may not transport alcohol in your car. The exceptions to this law include the following:
- Transporting alcohol as part of your job
- Transporting the alcohol by request of your parents or legal guardians
- Having a parent or legal guardian in the vehicle with you
Unless you meet these exceptions, you are not allowed to transport alcohol, even if it is closed and properly stored. Just like everyone else, minors under 21 can expect that the police will likely begin a DUI investigation if they discover an open container in the vehicle.
The law requires minors to comply with requests for a breathalyzer before being arrested. Minors can face a DUI conviction for having a blood alcohol concentration of 0.01%. A criminal defense attorney can provide more information about minors and open container laws.
Open Containers and DUIs
If the police pull you over and they discover an open container, that can be grounds to arrest you for a DUI. The open container, while being a separate violation of the law, is also probable cause for a DUI.
Being arrested for DUI at this point means having to face both the drunk driving charge and the open container infraction. While an open container ticket may not be very serious, DUI charges can result in jail time, fines, and other penalties.
Getting arrested for a DUI has a few immediate impacts. For example, you have to submit to chemical testing after an arrest. Failure to comply with the officer’s request will result in additional penalties.
A DUI Can Result in a License Suspension
DUI arrests trigger an automatic license suspension process with the DMV (Department of Motor Vehicles). Even if the prosecution ultimately charges you with an open container infraction, the arrest is enough to have your license suspended.
You must request a hearing within 10 days of your arrest and successfully contest the suspension at the hearing.
A lawyer can help you set up your hearing and may argue that, while you had an open container of alcohol in your vehicle, you were not impaired while driving to help you avoid the loss of your license.
Plea Bargains and Open Container Laws in California
Plea bargains that consist of only open container tickets are not standard for individuals arrested under suspicion of DUI. Instead, the prosecution may offer a drinking in a vehicle charge, an open container charge, and a separate traffic infraction.
The prosecution is only likely to offer these plea bargains if there are substantial questions about the evidence. Faulty evidence might include poorly maintained breathalyzers, mishandling of chemical tests, or unreliable police testimony.
Successful negotiations with the prosecution can result in the best plea bargains. A skilled DUI lawyer knows how to attack the evidence to gain the most leverage in these negotiations.
A Lawyer Can Explain How Serious Open Container Tickets Are
How serious is an open container ticket in California? Typically, drivers only face a fine if accused of carrying open containers of alcohol in their vehicle. However, if you have an open container and the police charge you with a DUI, you need to act quickly.
You face an automatic license suspension if not contested within 10 days, and you also face substantially more severe penalties for a DUI than an open container conviction.
An experienced attorney can explain open container laws and help with criminal charges. Call or complete our online contact form to find out more.
