In most situations, passengers cannot legally drink alcohol in a car, even if they are not the ones behind the wheel. In California, this restriction is largely due to the state’s open container laws, which generally make it illegal to possess an open container of alcohol inside a motor vehicle.
The penalties that can come with an open container will sometimes extend beyond a simple fine. Whether you are dealing with an open container citation or a DUI charge, an experienced Los Angeles DUI lawyer can help you understand your rights and protect your interests throughout the legal process.
What Does California Law Say About a Passenger Drinking in a Car?
California has strict open container laws, under Vehicle Code 23222, designed to discourage alcohol consumption in vehicles and reduce drunk driving incidents. Under California law, drivers and passengers generally may not possess an open container of alcohol in a motor vehicle while on a highway or public roadway.
An open container typically refers to any bottle, can, or other container with alcohol that is opened in any way; a cup can be an open container, as can a bottle, can, or even something like a broken seal or a bottle that has already been partially consumed. Thus, even if no one in the car is drinking, simply having that unsealed bottle or container can break California laws.
Because these laws apply to both drivers and passengers, being in the passenger seat does not automatically exempt someone from receiving a citation.
Are There Exceptions to California’s Open Container Laws?
While California’s laws are strict, there are a few exceptions that may allow alcohol to be possessed or consumed in certain circumstances.
Limousines and Chartered Vehicles
Passengers in limousines, charter buses, and similar vehicles are often exempt from California’s open container restrictions. Because these vehicles are designed to transport passengers for hire, California law allows certain passengers to consume alcohol while riding in them.
However, the driver of the vehicle is still prohibited from consuming alcohol or driving while impaired.
Living Areas of Certain Vehicles
California law also provides exceptions for the living quarters of certain vehicles, such as motorhomes and house cars. Alcohol may be permitted in designated living areas that are separate from the driver’s compartment.
The exception generally does not apply to areas immediately accessible to the driver while operating the vehicle.
Properly Stored Alcohol
Open containers may often be transported legally if they are stored in the vehicle’s trunk or another area that is not normally occupied by the driver or passengers. If a vehicle does not have a trunk, the container should generally be stored in a location that is not readily accessible from the seating area.
Proper storage is especially important when transporting partially consumed bottles of wine or other alcoholic beverages.
What Happens if a Passenger Is Caught Drinking in a Car?
A passenger caught drinking in a car or possessing an open container may receive a citation under California law. The penalties will depend on all of the circumstances around the stop, including whether the passenger or driver was drinking, and age also plays a role in penalties.
Potential consequences may include:
- Fines, for those over 21, are usually $250, and for those under, usually $1,000.
- A criminal record in some cases.
- Car impoundment in some cases.
- Impact on your driving record in some cases.
Although an open container violation is often less serious than a DUI charge, it can still create legal issues, especially for those under 21.
Can a Passenger Be Charged if the Driver Gets a DUI?
A passenger generally cannot be charged with DUI simply because the driver was arrested for driving under the influence. However, a passenger may still face consequences if they were violating California’s open container laws.
Another thing to keep in mind is that if the driver was drinking, then the presence of that open container may be used as evidence against them. Law enforcement officers often document open containers and other signs of alcohol consumption when conducting DUI investigations.
As a result, both the driver and passenger may receive separate citations arising from the same traffic stop.
Does It Matter if the Passenger Is Under 21?
Yes. California imposes stricter alcohol-related laws on individuals under the age of 21. When this occurs, the situation is considered a misdemeanor, compared to an infraction when passengers are over the legal drinking age.
Underage passengers who possess or consume alcohol in a vehicle may face more severe penalties, such as:
- Higher fines of around $1,000.
- Up to 6 months in jail.
- A driver’s license suspension of one year.
- Having their vehicle impounded in some cases.
Because these cases can have long-term consequences for young drivers and passengers, it is important to follow the laws carefully, especially if you are under 21.
Speak With a California DUI Defense Attorney
California’s alcohol-related laws can be complex, and even a seemingly minor violation can have consequences like fines and an impact on your driving record. If you were cited for drinking in a car as a passenger or arrested in connection with a DUI investigation, it is important to understand your legal options.
At Los Angeles DUI Lawyer, we have helped thousands of clients connect with experienced DUI firms, and we can provide that same service for you.
Reach out to us to get connected to an experienced DUI law firm that can review your case, explain the applicable laws, and help you determine the best path forward.
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