The Vehicle Code Section 23222 states that it is illegal to drive with an alcohol or marijuana container that is open, the seal is broken or the contents partially removed. Notice how it is specifically stated that it is not a crime if the open container was located in a locked trunk. For some vehicles, such as trucks, that do not have a trunk, it is sometimes ok if the alcohol or marijuana is located in an area that the driver or passenger does not have access to while in a moving vehicle, such as the bed of the truck. 

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Vehicle Code Section 23224 deals specifically with people under the age of 21:

(a) No person under 21 years of age shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person’s employment. If the driver was unaccompanied, they shall have a complete defense if they were following, in a timely manner, the reasonable instructions of a parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.

(b) No passenger in any motor vehicle who is under 21 years of age shall knowingly possess or have under that person’s control any alcoholic beverage, unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger’s employment. If the passenger was unaccompanied, they shall have a complete defense if they were following, in a timely manner, the reasonable instructions of a parent, legal guardian, responsible adult relative or adult designee relating to disposition of the alcoholic beverage. - VC23224

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In this section, the law sets that a minor cannot be the driver or passenger of a vehicle with any alcoholic beverage in it, open or closed, unless they are accompanied by a parent or legal guardian. It should also be of interest that a minor is allowed to transport alcohol if it is for a job, so drivers under 21 can still deliver alcohol. Another exception is of the minor was picking up the alcohol under the instructions of a parent or guardian. However, that rule has a timely manner stipulation, so if the minor had the alcohol in their vehicle for an extended period of time, or had left their expected driving route, this defense will not work.

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Vehicle Code Section 23225 more clearly defines the exceptions if a vehicle does not have a trunk:

(2) If the vehicle is not equipped with a trunk and is not an off-highway motor vehicle subject to identification, as defined in Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. For the purposes of this paragraph, a utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.

(3) If the vehicle is not equipped with a trunk and is an off-highway motor vehicle subject to identification, as defined in subdivision (a) of Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in a locked container. As used in this paragraph, “locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. - VC23225

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This section more clearly states that if a vehicle does not have a trunk, the open container can be stored in an area not accessible by either the driver or passenger or a container secured with a padlock, combination lock, or similar lock.

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Vehicle Code Section 23226 basically just states that there cannot be an open container in the cabin of a moving vehicle.

​(a) It is unlawful for any driver to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.

(b) It is unlawful for any passenger to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.

(c) This section does not apply to the living quarters of a housecar or camper. - VC23226

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Finally Vehicle Code Section 23229 specifically lists exceptions where an open container is allowed in a moving vehicle. 

a) Except as provided in Section 23229.1, Section 23221, as it applies to an alcoholic beverage, and Section 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1.

(b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. - VC23229

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Basically, the law carves are a niche where it is permissible to have an open container if the passengers are riding in a base, taxi, limo, RV, or camper. Recently it has been suggested that vehicles for hire, such as Uber or Lift, may also be permissible. 

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When Would You Want An Open Container Charge

If you are facing a DUI/DWI charge, which is a misdemeanor, it may be possible to get the charges reduced to an open container charge. An open container charge is just an infraction, and as such the punishment is much less severe, usually only consisting of a fine. A DUI will stay on your record until expunged and will consist of probation, alcohol class as well as fines and fees, there may be other requirements as well depending on the facts of the case. Therefore, if you are facing a DUI charge, a reduction to an open container charge would be of great benefit. 

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Defenses

Not On A Public Highway

If the vehicle was not in motion nor on a public highway, then there was no infraction. For example, if you were in a parked car in a driveway, or on a dirt road on private property, then these vehicle codes do not apply.

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A Passenger In A For Hire Vehicle

As shown above, there are some vehicles that are exempt from this law. Right now, due to its recent rise in use, ride share programs like Uber and Lift are not officially exempt, but there is a good argument as to why they should be.

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Getting A Defense Attoreny

Due to the amount of codes that apply as Open Container Laws, it can be confusing to figure out what is going on if charged with an open container. If charged with a DUI a reduction to an Open Container may be in your best interest. If you are facing an open container or DUI charge, do not face a trained prosecutor alone, contact The Pitman Law Firm, we have helped multitudes of people dealing with alcohol and marijuana charges.