According to CA Vehicle Code 23221, both the driver and passengers are prohibited from consuming alcoholic beverages while operating or riding in a motor vehicle on a highway. If anyone is drinking alcohol when being pulled over by police, the violation is punished as an infraction.
A Los Angeles DUI lawyer can help you handle this charge and provide more information about California’s container laws. You can get answers to your questions when you call or complete our online contact form.
Is It Illegal to Drink Alcohol in a Motor Vehicle in California?
VC 23221 states that drivers and passengers cannot drink an alcoholic beverage or use any cannabis products in a motor vehicle on the highway. In this context, drinking alcohol simply means you are holding an open alcoholic drink. A vehicle includes any self-propelled device such as a golf cart, boat, moped, or car.
In legal speak, highways don’t just mean large freeways. The term includes any public road, such as a city street. For example, if you drive your friends home from a party and they bring their drinks in the car, if you get pulled over, all of your friends could get ticketed for drinking in a vehicle.
Are There Exceptions to VC 23221?
California offers a few exceptions to VC 23221 regulations. For example, this law does not apply to passengers in certain licensed vehicles for hire, such as limousines or private buses. Even taxi passengers are technically exempt.
Additionally, if you were driving around on ATVs on private property while enjoying an alcoholic beverage, there is no “drinking in a vehicle” violation. A criminal defense attorney can provide you with more information about the state’s container laws.
Remember that VC 23221 Applies to Marijuana
You may face VC 23221 charges for drinking from a container of alcohol in a vehicle. However, the police can also use this charge for individuals who use marijuana products while in a car on a public road. Therefore, this charge can apply to anyone smoking marijuana, using edibles, or consuming cannabis in another way while in a car.
Can a Passenger Drink in a Car in California?
In California, under Vehicle Code 23221, passengers are prohibited from drinking alcohol while the car is being driven on a highway. If caught violating this law, both the passenger and potentially the driver could face penalties, such as fines.
Passengers are also not allowed to have open containers of alcohol in the car, even if they are not driving. This is part of California’s “open container law,” which applies to everyone in the vehicle. The only exception is for passengers in a hired vehicle like a taxi, limousine, or bus. If someone is caught with an open container or drinking as a passenger, they could face a fine.
What Are the Penalties for a VC 23221 Violation?
Drinking in a vehicle is considered an infraction, not a misdemeanor. Therefore, the court treats the act the same as a speeding ticket or other minor violation. The only penalty is usually a $250 fine (or less).
However, if you are under 21 years of age, the consequences can be much more severe. You could be charged instead with California VC 23224 (underage possession of alcohol in a vehicle). This charge is a criminal offense, and it can carry penalties of up to 6 months in jail and up to $1,000 in fines.
The penalties for this law are nowhere near as severe as those for driving under the influence (DUI) in California. However, you can still discuss your options for a legal defense with an attorney.
Will You Face DUI Charges for Drinking in a Vehicle?
If you are the driver in a vehicle where anyone is drinking or has an open container, you will likely be suspected of DUI and asked to take a breath test. In many cases, you may face an arrest for a DUI on the spot.
However, police officers do not always use a DUI charge if you have an open container of alcohol in your motor vehicle. They may ask you to perform a field sobriety or breathalyzer test before deciding on the charges they want to pursue.
A DUI conviction will have more severe effects. Drivers convicted of a DUI may face a license suspension, jail time, and higher fines. You can work with a lawyer if you’re facing any criminal charges after a traffic stop.
How Do Lawyers Handle VC 23221 Charges?
A criminal defense lawyer can help you handle charges for drinking in a vehicle by building a strong defense on your behalf. Common defenses for this charge include showing that you were in a for-hire vehicle, like a party bus, or that you had the alcohol in a private driveway instead of a public highway.
Additionally, a lawyer may focus on showing that the prosecution has insufficient evidence that you were drinking in a vehicle. In some cases, lawyers demonstrate that the police stopped you without due cause, which may cause the court to throw out your case.
Legal Defense Strategies for Passengers
If you were charged as a passenger for drinking an alcoholic beverage while being driven, a Los Angeles DUI attorney can help you fight the charges.
Possible defense strategies for passengers charged under VC 23221 include:
- You were in an exempt vehicle, such as a taxi, limousine, or party bus, where alcohol consumption is permitted.
- The alcohol container was sealed and not open at the time of the alleged offense.
- You were not actually drinking alcohol while in the vehicle.
- You were unaware the vehicle was on a public highway.
- The open alcohol container did not belong to the passenger, and you had no control over it.
- The police officer made an error, and you were wrongly identified as the person drinking.
- Challenging the legality of the vehicle stop or the search that uncovered the open container if it violated your rights.
You Can Learn More About VC 23221 Today
The police use CA Vehicle Code 23221 to arrest people for drinking in a vehicle. The charge also applies to the use of marijuana in a vehicle and can lead to infraction charges. Contact us to learn more about this charge and other container violations.
Call or complete our online contact form to discuss your legal situation.
