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Criminal charges

open container

In most states it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. These open container laws vary from state to state and a few states allow a passenger to possess and consume an alcoholic beverage in a motor vehicle.

Open container offenses are usually charged as a misdemeanor or as an infraction, and penalties may include a fine, driver’s license suspension, and jail time.

Open container laws are located in a state’s statutes—often in the penal or criminal code, the transportation code, or the motor vehicle code.

In California, it is illegal under Vehicle Code 23221 VC to possess an open container of alcohol in the passenger area of a motor vehicle on a public roadway. This applies to both drivers and passengers. The 'passenger area' is considered any area where the driver or passengers sit, excluding a locked glove compartment or the trunk. The law also extends to vehicles on the shoulder of a public roadway. Violation of this open container law is typically an infraction, which may result in a fine. However, if the driver is under 21, more severe penalties can apply, including a possible driver’s license suspension. California does not generally allow passengers to consume alcohol in a motor vehicle, with certain exceptions such as when the passenger is in a hired limousine or bus that permits alcohol consumption.

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Criminal charges

open container

Individual & Family Legal Plan

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California State Code

Criminal charges

open container

California State Code

Articles