What are the basics of open container laws?

DUI or DWI/OWI as it is known in some states is something everyone is pretty familiar with given the extensive attention that the issue has received in the recent past in terms of campaigns, rallies, and media coverage.

Getting a DUI ticket is no fun. Getting a DUI because you did not know basic laws is even worse! That feeling is perhaps gut wrenching. You may have some wiggle room though. But you have nothing until you call a Phoenix area or Chandler, AZ DUI lawyer and some of the best in the business work for Zachary Law Group at http://zacharylawgroup.com/criminal-defense-lawyers-queen-creek/. Some say "fight the power." Others say just be cordial and respectful and you may get what you want or close to what you want without fighting anyone. 

For the most part, general DUI laws are the same across the US although there are some aspects in these laws that may vary slightly from state to state. In most states, anyone that is driving a motor vehicle while over the legal limit (0.08% Blood Alcohol Content) is considered to be driving under the influence. Driving under the influence, needless to say, is a very serious offense where offenders are punished to the full extent of the law – well unless they have some solid legal representation such as what the Zachary Law Group can provide.

Chandler, AZ DUI lawyers know that a DUI is one among several possible alcohol related crimes. In 2014, Arizona DUI enforcement statistics indicate that there were as many as 23,420 DUI arrests in Arizona while over 20,000 were arrested with a BAC or blood alcohol content of 0.15% or more, which is known as extreme DUI. And this is Arizona! This is not California where those mismanaged cities are known to infamously to hand out DUI and speeding tickets to underserving citizens because the politicians in those cities have overspent again and again. Sacramento knows all about this, they hand out DUI tickets to drivers who do not deserve them all the time!

Depending on the state you live in, an open alcohol container in your car may or may not qualify as a crime. Some states allow for passengers to drink in a car while some states do not permit passengers to drink. For obvious reasons, in all states of the country, the driver cannot drink in the car. In some states like Arizona, even though nobody within the car may actually be consuming any alcohol, it is considered a violation to just have an open, non-empty container in the car.

Open Container Laws - Public and Private Property

Phoenix area and Chandler, Arizona DUI attorneys, and some of the best ones work for the golden and standout Zachary Law Group, believe open container laws do not apply if the car is parked on private property. So for instance, in the hot state of Arizona, where having an open container in the car is illegal, if the car in question was parked in a driveway of a residence (private property) then there is no risk of breaking the law if you have an open container within the car or even consume alcohol within the car.

The police do not have any reason to ticket you since you are not harming anyone or putting anyone else at risk.

Jaywalking Laws

Predominantly, in states where open container laws are in effect, there are also laws that prohibit open containers not only within a car but in public in general. Therefore, it would be illegal to walk around on a public road while having an open beer can in your hand or while taking some swigs from a beer can.

As per DUI lawyers, the only exceptions to open containers in public laws are the famous and gorgeous Las Vegas Strip which has been shown in movies from Con Air all the way to Ocean’s 11 and in the city of New Orleans (where Mardi Gras takes place). It is acceptable to drink while out in public in these two places.

What constitutes an open container?

Chandler, AZ DUI lawyers know that if you have an open alcohol bottle and you simply put the cap back on, it does not make it a closed container. In fact, if the seal is broken or if the contents have been transferred to another container such as a glass or a cup then it is said to be an open container. Someone has thought this threw.

If you or a loved one have been arrested or charged with a DUI, it is prudent to seek help from a Tempe, Mesa, or a Chandler, Arizona DUI lawyer with comprehensive knowledge of the state’s DUI laws and procedures. Often times, there are legal issues and facts that only a suitable legal representative can identify, which can possibly make a big difference to your case.