What are Open Container Laws? What cities are somewhat exempt from this law?

Open container laws forbid the possession or the consumption of any open alcoholic beverages within the passenger compartments of all or any motor vehicles. These laws are meant to discourage the tendency of DUI or driving under the influence.

As an essential part of the federal TEA or Transportation Equity Act enacted for the 21^st Century, all states are urged to put into practice open container laws that bans the possession and/or consumption of alcoholic drinks in every motor vehicle. However, all states did not comply, and those that failed to do so became ineligible for specific federal highway funds. There are states that permit open containers in motor vehicles while some states even permit passengers, but not drivers, to drink alcohol from within a car.

Wherever states have enacted the open container laws, they vary. Most of them ban the possession of open container/s inside the passenger compartment of any private motor vehicle, while some ban consumption. Generally speaking, open container laws don’t apply to any vehicle parked on private property but only to those plying on public roads and parking lots, as any DUI lawyer will tell you. You can find one of the best right here: http://dui-lawyers.usattorneys.com/.

Open Containers on the Street

In most localities, individuals are forbidden from keeping open containers in public places or on public streets. There are a few exceptions to this, such as the Las Vegas Strip or New Orleans. These cities permit persons above the age of 21 to stroll along the streets, with drinks in hand, with certain exceptions such as glass bottles. DUI attorneys are well familiar with these laws.  

When is a Container said to be Open?

A container is considered to be open if the original seal remains broken or the liquor has been poured into a cup or glass. In certain states, to be considered “open”, at least a portion of the beverage must have been consumed. Then there are states that have certain distinct definitions of what is called open containers and your DUI lawyer will be able to explain this exact law to you and how it pertains to your situation.

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Strict Liability

Typically, these open container laws aren’t considered strict liability offenses. This signifies that the defendant should be aware that the container remains open as well as contain some alcoholic beverage or other. 

Exemptions

Open container laws don’t apply to limousines, a party bus, as well as the living quarters of vehicles used in recreation. This can be large vans but really recreational vehicles and they come in all types. Beverages kept in the trunk of motor vehicles, or other areas not accessible to any passengers, also remain exempted.

Penalties

While the laws vary from state to state, violation of open container laws are actually infractions that are punishable by fines or community service, although no prison time, or misdemeanors that are punishable by a just a fine, and in many states, jail time of up to one year.

Obtaining Legal Help

Judging by the factors mentioned above, there are considerable variations in the interpretation of open container laws. If you happen to be charged with violating an open container law, it is wise to hire a spectacular and motivated DUI lawyer well versed in the open container laws prevailing in your state.

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