Open Container Law in California - Vehicle Code 23222(a)
Believe it or not, it is illegal to have an open container of alcohol in a motor vehicle in Los Angeles, California. The police and legislature are trying to stop people from drinking alcohol while in a car.
This falls under the gambit of driving under the influence, but we see a lot of cases where passengers are drinking alcohol. Police see them. They try to hide the bottle. They try to conceal a cup or a can, whatever the case may be.
The police come up and find the open bottle of alcohol. Maybe the bottle half drinks, or maybe there's just a sip taken out of it. Believe it or not, they can charge a Vehicle Code Section 23222(a), which is the open container section, even if the whole bottle or can of alcohol is consumed.
Because many people will drink the whole thing when they see the police or pour it on the carpet of the car's interior.
So, to prevent this type of activity, being able to stop somebody from being charged with an open container, the law allows it even if there's nothing in the bottle.
There is nothing in the can or nothing in the container that the police ultimately get their hands on. So, long story short, you cannot have an open container of alcohol in your car.
I've even seen situations where people are driving, and they haven't drunk anything, no passengers have drunk anything, and they have an empty bottle of alcohol in the car.
Technically, that would be the possession of an open container. Now, there are exceptions to this.
There could be a scenario where somebody has an open container in the drunk where nobody can reach it. The passenger can't get it. The driver can't get it.
That would likely be a lawful scenario. Also, if you're in a limousine, there's an exception for that — if you have a car for hire and you're drinking in there.
It seems that you could drink in a taxi, but this is a much murkier and more dangerous area of the law. The bottom line is that you want to be in a limo to have a good argument that you're not violating the open container law.
Under the Age of 21 with an Open Container
If you're under 21 and you're found with an open container, the repercussions are significantly more serious. You could lose your driver's license, even if you're not the one behind the wheel. This is because California has a zero-tolerance policy for underage drinking and driving, and even the possession of alcohol in a vehicle can lead to severe penalties.
This open-container law punishes both passengers and vehicle drivers who consume alcohol. It's a crucial measure in controlling driving under the influence, as having alcohol accessible while in a car could tempt people to drink and drive, posing a serious threat to road safety. The legislature's vigilance in enforcing this law reaffirms its commitment to public safety.
If you're facing an open container case and believe you have a defense, it's vital to consult with a legal professional. I've been handling these types of cases for over 25 years, and I can provide the guidance and support you need.
I know all of the ins and outs. I know when the police have the goods on you, and I know when they don't have the goods on you. If it's a murky gray area, we will figure out what we can do to mitigate, do damage control, and protect your criminal record. Nobody wants to have anything on their record, especially for something small as driving around with an open container.
Open Container Creates Probable Cause for Police to Stop Vehicle
Usually, what this open container does for law enforcement is it gives them the ability to stop cars. So, people are drinking and driving on a card; they do what we call “wave the flag” when the police see them with alcohol. They quickly hide it. This action, known as 'waving the flag ', alerts the police to the presence of alcohol in the vehicle, giving them probable cause to stop the car and investigate further.
That justifies them stopping the car. So, that's another reason not to drink alcohol inside a vehicle. People will go into a park, on the side of a street, in a dark area, and drink alcohol. This again gives the police an excuse to come up, shine their flashlight, and search the vehicle.
So, this is an excellent little weapon for the police to find other crimes. One good thing is, believe it or not, in a private location, like a private parking lot or a dirt road that's not a public road, you might argue that you can have an open container in that scenario versus being on a public highway.
You definitely cannot have an open container on a public road. So, if you have one of these situations, pick up the phone. Make the call, and we'll do everything we can to help you.