California has strict open container laws designed to prevent drunk driving and keep the roads safer. Under Vehicle Code Sections 23221–23229 VC, it is illegal to have an open container of alcohol in your vehicle or to consume alcohol while driving, even if you’re not under the influence.
An open container can include anything from a can of beer to a wine bottle, a flask, or even a cup with alcohol. The seal must be broken, or the container must have been partially consumed. Interestingly, even if the container is empty, as long as it was previously opened or had its contents partially removed, it’s still considered an open container.
According to Vehicle Code 23222(a), it’s illegal to possess an open container of alcohol while driving, regardless of whether you’re drinking it or not. If a police officer spots an open container during a routine traffic stop, you could face charges under this section.
These laws are considered infractions, meaning typically, you would only receive a citation. However, things get more serious if you’re caught with underage possession or if you’re found drinking while driving. Even though you don’t need to be intoxicated to be charged, this law is crucial in preventing drunk driving incidents. Ensuring that your vehicle is free of open containers can save you from unnecessary legal trouble.
If you or someone you know has been charged under these laws, consulting a lawyer could help reduce the impact on your driving record and avoid more severe penalties. Call (818) 797-4465 to schedule a consultation or contact us online.