Drinking while driving is a crime in California, so it is illegal to have any open container of alcohol in your vehicle. Drivers who engage in this act are violating CA Vehicle Code 23222(a) – Open Containers.
You can face charges regardless of whether you are drinking an alcoholic beverage or alcohol is no longer in the container. If you or a loved one is facing a DUI charge concerning VC 23222(a), explore your legal options with a Los Angeles DUI lawyer today.
What Actions Does VC 23222(a) Prohibit?
Under California Vehicle Code § 23222(a), you cannot operate a motor vehicle while in possession of an open container, can, or bottle of alcohol. This law applies to many people driving on a public road or highway. Generally, this charge does not apply if you are on a private road.
What Is an Open Container?
California uses the term “open container” to refer to any vessel that holds (or once held alcohol) that is open or unsealed. This definition includes empty bottles or cans. The container rule may also apply to:
- Cups, glasses, and hip flasks.
- A bottle with a removed seal, even if it has never been opened.
- Opened and resealed bottles of wine, even if they are still full.
- An unopened growler of beer, even if someone removed the seal or if there never was a seal.
Cups, bottles, and other vessels that hold water or other non-alcoholic beverages are legal to carry on public highways as they do not violate container laws.
What Are the Penalties for a VC 23222(a) Violation?
In California, it is illegal to possess an open container of an alcoholic beverage in a motor vehicle under Vehicle Code 23222(a), commonly known as the state’s open container law.
This law applies to both drivers and passengers, and its primary purpose is to promote road safety by deterring individuals from consuming alcohol while operating or riding in a vehicle.
The law aims to discourage individuals from drinking and driving, thereby reducing the risk of accidents and fatalities caused by impaired motorists. Having an open container in a vehicle is not a misdemeanor criminal offense. It’s an infraction, similar to a citation for speeding. The maximum penalty is a fine of up to $250.
However, you may face harsher penalties if:
You Are Under 21, the Legal Drinking Age in California
If you are under age 21, the legal drinking age in California, you could face charges under a different law: underage possession of alcohol in a vehicle (California Vehicle Code § 23224).
This charge is a criminal misdemeanor, punishable by up to six months in county jail and up to $1,000 in fines. It can also result in a license suspension. We also represent cases involving laws concerning minors and alcohol in a vehicle.
You Also Face DUI Charges
If the police charge an open container violation with a DUI (driving under the influence), the judge may impose stricter DUI penalties than in a case without the extra offense.
No matter what the circumstances, having an open container of alcohol in a vehicle will always make police officers suspicious, and they are likely to investigate you for DUI. The police could ask you to take a DUI breath test. They can also arrest you on the spot for DUI charges.
After an arrest, you can consult with a Los Angeles criminal defense lawyer from our firm, especially if you believe the police performed an unlawful vehicle search.
Are There Exceptions to Open Container Laws?
California allows a few exceptions to the regulations in VC 23222(a). You can have open vessels containing alcohol in your vehicle:
- If you are driving only on private lands, such as dirt roads on private property.
- If you are a passenger in a vehicle-for-hire, like a limousine or a taxi.
Drivers can legally transport open containers if they stow the alcoholic beverage somewhere that passengers cannot easily reach, such as the trunk (even if the car is a hatchback).
However, drivers under 21 may still face a container charge for carrying alcohol in the trunk of their vehicle unless they have an adult of legal drinking age with them.
Common Defenses in a VC 23222(a) Case
Defendants can hire a criminal defense attorney to challenge the charges in a case involving open container laws in California. Below are potential defenses attorneys can use when challenging charges in cases concerning alcoholic beverages:
- Not driving or in control of the vehicle: If the defendant isn’t driving or in actual physical control of the motor vehicle when the alleged violation occurred, this can be a strong defense. This might apply if the defendant was sitting in a parked car without intent to drive.
- The container was not open: A lawyer could argue that the container was not actually open or that the seal was intact. Physical evidence or witness testimony can support this defense.
- The vehicle was not on a public road: If your vehicle was parked in a private driveway, a private parking lot, or on private land (such as a farm or a ranch) where public access is restricted, this defense could apply to your case. Evidence can include GPS data or images, witness accounts, and photos.
- Lack of knowledge: The defendant could claim not knowing there was an open container of alcohol in the vehicle. This might be plausible if another passenger placed it there without the driver’s knowledge.
- Improper stop or illegal search: You could challenge whether a traffic stop or the search of a motor vehicle that came after it was legal. If a law enforcement officer made a stop without probable cause, or if the search was conducted without proper legal justification, any evidence obtained from a search and seizure in a DUI case can potentially be suppressed, meaning it cannot be used against you in court.
- The open container was in a legal area of the vehicle: If the open container of alcohol was in a part of the vehicle where it is legally permissible, such as the trunk or a non-accessible area in vehicles without trunks, this could be a valid defense.
Does VC 23222(a) Apply to Marijuana Possession in a Vehicle?
VC 23222(a) does not address carrying an open container of marijuana in a vehicle. Instead, the state uses California Vehicle Code § 23222(b) to handle crimes involving the transport of loose cannabis flowers and other types of cannabis products.
Drivers can face infraction charges for driving a motor vehicle with marijuana. However, you may avoid these charges if you are authorized to transport cannabis. You may show a current identification card or other proof to avoid an infraction.
A lawyer can help you discuss your legal defense options for handling a VC 23222(b) and review common defenses to these charges. Note that even if you can legally transport a container of marijuana, you should not drive after using cannabis to avoid driving under the influence of drug charges.
Call Us About CA Vehicle Code 23222(a) – Open Containers
You can review CA Vehicle Code 23222(a) and the laws on open containers of alcohol with our legal professionals. We will fight for the best outcome for your case, which could help you avoid jail time or reduced or dropped charges.
Drivers who violate this state law mostly face fines, although you could face harsher penalties in a DUI case. Our criminal defense law firm will protect your rights after an arrest. Contact us by calling or completing our online contact form today.
