In California, it is illegal to have any “open” container of alcohol in your vehicle. The state handles this illegal act using CA Vehicle Code 23222(a)—Open Containers.
You can face charges regardless of whether you are drinking it and even if there is no longer any alcohol in the container. You can learn more about VC 23222(a) with a Los Angeles DUI lawyer. Call or complete our online contact form to get answers to your questions.
What Actions Does VC 23222(a) Prohibit?
Under VC 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’re 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 that has had the seal removed counts as open even if it has never been open
- Opened and resealed bottles of wine, even if they are still full
- A growler of beer that you never opened counts 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?
Having an open container in a vehicle is considered an “infraction,” meaning it is not a misdemeanor criminal offense. It’s similar to receiving a speeding ticket. The maximum penalty is a fine of up to $250.
However, you may face harsher penalties if:
You Are Under 21
If you are less than 21 years of age, you will face much more severe consequences. You could face charges under a different law: underage possession of alcohol in a vehicle (California VC 23224).
This charge is a criminal misdemeanor, punishable by up to 6 months in jail and up to $1,000 in fines. It can also result in a loss of license. We can help you learn more about minors and alcohol in a vehicle laws.
You Also Face DUI Charges
If the police charge an open container violation with a DUI, the judge may choose to 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 the police suspicious, and they are likely to investigate you for DUI. The police could ask you to take a breath test. Officers may also arrest you on the spot for DUI charges.
Ensure you speak to criminal defense lawyers after an arrest, especially if you believe the police performed an illegal search.
Are There Exceptions to Open Container Laws?
California has a few exceptions to the regulations in VC 23222(a). You are allowed to have open vessels containing alcohol in your vehicle if:
- If you are driving only on private lands, such as dirt roads on private property, VC 23222(a) does not apply.
- If you are a passenger in a vehicle-for-hire, like a limousine or a taxi, it is legal to consume alcohol and have open containers.
Drivers can legally transport open containers if they stow the alcohol somewhere passengers cannot easily reach them, 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 with them.
Does VC 23222(a) Apply to Possession of Marijuana in a Vehicle?
VC 23222(a) does not deal with the crime of carrying open marijuana in a vehicle. Instead, California uses VC 23222(b) to handle issues involving the transport of loose cannabis flowers and other forms of marijuana.
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 options for handling a VC 23222(b) accusation and review common defenses to these charges. Note that even if you can legally transport marijuana, you should not drive after using cannabis to avoid a driving under the influence of drugs charge.
Learn More About CA Vehicle Code 23222(a) – Open Containers
You can review CA Vehicle Code 23222(a) and the laws on open containers with legal professionals. Drivers who violate this law mostly face fines, though you may face harsher penalties if you also face charges for a DUI.
Take charge after an arrest by police officers by learning more about the charges. You can contact us by calling or completing our online contact form.