Even if you haven't had a drop to drink, there are still times when you can be arrested for a DUI-like offense. While this may sound irrational, it is because there are laws governing having alcohol in your car. If you violate these laws, regardless of whether or not you have been drinking, you can be arrested. The most common non-intoxicated DUI offense that people are charged with is for an open container violation. This is the crime of leaving an open container of alcohol near the driver's seat or passenger's seat of a vehicle while the car is in motion. Any bottle, can, or other receptacle that contains an alcoholic beverage and has been opened can qualify as an open container and cause the possessor to be charged with a DUI-related offense.

A person can even be arrested if the seal on the alcoholic beverage has been broken or if some of the contents in the bottle appear to have been removed. In order to be successfully convicted of this crime, the prosecution will need to prove that you drove a motor vehicle on any public road or highway and that you had a container on your person, within reach, or in a pocket or purse. If you were arrested on a private road or in a parking lot, you cannot be charged with this open container violation. The container which you had must have held an alcoholic beverage at the time that the officer found it. If the bottle or can only smelled of alcohol, then this does not count as successful evidence.

The seal on the bottle must be broken or some of the contents of the container must be partially removed in order for this to count as an open container violation. In most states, if an officer discovers an open a container in your vehicle then you will be charged with an open container violation. Chances are that you will also be charged with a DUI until you can prove that you were not under the influence of alcohol in your court trial. When an officer discovers that you have violated this law, he or she will have to prove that the open container was within the control of the driver and within the his or her reach.

If there are open containers in the car but they are in the back seat, trunk, or somewhere that is not close to the driver, then this may not be just cause to charge the individual with an open container violation. A driver may still be cited for having an open container in the vehicle depending on which state you are in. If a passenger in your vehicle has an open container then both passenger and driver can be cited for open container crimes unless the driver can convincingly prove that he or she had no idea that there was alcohol in the vehicle.

For example, if you are driving and have an unopened six pack of beers in the car, then you cannot be cited for a crime because the containers are not opened. If one of your friends pulls a beer out of the six-pack and begins to drink it, then you can be cited for an open container law unless you can prove that you had no idea that your friend had taken that action. The offender may still be charged with the crime regardless of whether or not you are able to defend yourself as the driver. If you have been charged with this crime, then you need to talk to a local DUI lawyer today. With representation, you may be able to prove that you have been mis-accused in your open container violation.