We put extreme emphasis on the danger of driving while drinking alcohol in the United States. In fact, a person who is caught with an open container of alcohol in the car can bring about serious consequences. In California, a person who has an open container of alcohol in the car will be fined up to $250, even if the alcohol wasn't consumed. This charge can be in conjunction with a DUI or separate. Oftentimes people who were simply pulled over for a speeding infraction will be fined if the police officer sees a can of beer in the cup holder.
Teenagers who are discovered with alcohol in the car can experience even graver consequences. Because the alcohol age limit rests at 21, minors who are drinking and driving will receive up to $1,000 in fines and may have to spend up to six months in jail. Not only this, but the offense will end up on the minor's criminal record, which can lead to life complications in the future. While open container laws are strict, there are a few exceptions here and there. If the alcohol was in the trunk when the driver was pulled over, he or she may be able to avoid prosecution for this offense.
A teen in possession of alcohol may not be able to avoid charges, because he or she should not have any alcohol- in the front or the back seat. Yet if a teen can argue that the alcohol was owned by a parent and that he or she was not aware that it was present, this may be a valid argument. If your car does not have a trunk, but the alcohol was in a place that is not normally occupied by people, then you may be able to avoid prosecution. If the open container was in a locked box or container, then this can also save you from being found guilty of this crime. Also, if you are in a "hired" car such as a limousine or a taxi, you are permitted to drink alcohol in these vehicles.
As well, anytime you are stopped by the police with no probable cause, and then prosecuted for a violation of the open container laws, you can challenge the police procedure. In many states, the police must have a reasonable cause to stop you. This cause does not need to be related to drunk driving to incriminate you of violating the open container statute. For example, if you were picked up on a radar and pulled over for speeding, and then the police can also charge you for an open container of alcohol when they see it. If you have not updated the registration on your car, and the police pull you over, and then see an open container of alcohol, they can press charges. The police can even pull you over if they catch a glimpse of you drinking from a bottle or beer can. If you have your alcohol in a brown paper bag to hide it, police can pull you over on suspicion.
If the police only found your alcohol because of an illegal search and seizure, then they cannot legally prove you are guilty of an open container violation. This is because the police cannot peruse your vehicle without a legal right to do so. While most states are rigid in enforcing their open container laws, there are special cities which are exceptions, For example, in New Orleans, Louisiana; driver can have an open clear container with alcohol while driving. On the Las Vegas Strip in Las Vegas, Nevada, people can drive with an open container of alcohol in hand, though the container must be clear on the Fourth of July and New Year's Eve. Contact a local DUI attorney to get more information about the open container laws in your state.