Imagine you're in a car drinking a bottle of beer when a police officer pulls up behind you. You are not the person driving, your friend is behind the wheel and has not had a drop to drink since getting in the car. Erroneously, you may assume that your alcoholic beverage may not have any implications upon your citation when the police officer pulls you over. When the officer approaches the car, his initial intention is to cite your friend for speeding on the highway. Yet when he notices that you are drinking an alcoholic beverage in the car, according to state laws he can arrest or cite you for an open-container violation.
Even passengers in a vehicle are not immune to the penalties of an open-container violation. Even those who may be riding in the back of the car are considered to be breaking the law if they decide to consume an alcoholic beverage while the vehicle is in motion. Open container laws are strict, and don't have much wiggle room. Passengers cannot bring an open container of beer, wine, or liquor into the vehicle, regardless of whether or not they were drinking it.
For example, if a passenger in the car decided to bring an open bottle of beer home with him, and has it resting in the center console cup holder, this is still considered an open container violation. A red cup of beer, a bottle of wine, or an open bottle of tequila are all subject to be evidence for an open-container violation. The only way that individuals can transport alcohol is if it is fully sealed and is in a location where the driver could not reach it while sitting in his or her driver's seat.
For example, if the driver picks up a six pack of beer at the store and leaves it in the trunk unopened, then this cannot be considered an open container violation. If the same six pack is put under the passenger seat and one of the passengers decides to open one of the beers, then the occupants of the car are subject to an open container violation penalty.
Open container violations regarding vehicles are governed by a federal statute, though only 39 states enforce the federal laws consistently. Alaska, Louisiana, Tennessee and Wyoming are states that have limits on possession of alcohol in vehicles but their laws are not at the level of TEA-21 compliance.
There are several elements which must be true of your case in order to constitute an open container violation. First of all, the motor vehicle must be in motion. The vehicle must be driven on a public road or a highway. Private roads and parking lots are exempt, and if you are arrested for having an open container while in one of these locations you can challenge your charges.
As well, the police will need to prove that you kept a container on your person or within your reach. A pocket or purse can also count as "on your person" even if the purse is not strapped to you at present. As well, the container has to hold some amount of alcoholic beverage when the officer discovers it. Just the odor of an alcoholic beverage is not enough. Police also need to prove that the seal on the bottle was broken or the container's contents were partially removed.
When a passenger has an open container of alcohol in the car then both the passenger and the driver can be cited for open container laws. The driver's only adequate defense in this case is that he or she had no knowledge that the passenger had the alcohol in the vehicle. If you want more information about open container violations, don't hesitate to contact a local attorney! With the right lawyer on your side, you will be able to work through your case and possible avoid conviction.