California’s Open Container Law: Vehicle Code Sections 23221 – 23229

Most of us are familiar with California’s laws against drinking and driving. But there are also regulations prohibiting open containers of alcohol inside a vehicle, even if the driver isn’t drinking.

The open container laws make it illegal for anyone inside a car, truck, or other vehicle to possess an open alcoholic beverage container on California streets, highways, or areas open to public vehicular travel.

Understanding exactly what constitutes an “open container” under California law and the circumstances where exceptions may apply can help you stay safe on the road.

What is California’s Open Container Law?

California’s open container law, as outlined in Vehicle Code Sections 23221-23229, prohibits individuals from drinking alcohol or possessing open containers of alcoholic beverages while driving or riding as a passenger in a motor vehicle.

The law defines an open container as any bottle, can, or other receptacle containing an alcoholic beverage that someone has opened, had its seal broken, or had some of its contents removed.

It applies to drivers and passengers, ensuring everyone in the vehicle is held accountable for their actions.

Specific Provisions of California’s Open Container Laws

To fully grasp the scope of California’s open container statutes, let’s break down the specific provisions outlined in the Vehicle Code:

VC § 23221 – Drinking while driving.

This section explicitly prohibits drivers from consuming alcohol while operating a motor vehicle on a public road or highway.

VC § 23222 – Possessing open containers while driving.

This provision makes it illegal for a driver to possess an open container of an alcoholic beverage in a vehicle, even if they are not actively drinking from it.

VC § 23224 – Underage possession of alcohol in a vehicle.

This section specifically targets individuals under the age of 21, making it unlawful for them to possess alcohol in a vehicle, whether the container is open or closed.

VC § 23225 – Exceptions for passengers in hired vehicles.

This provision allows passengers in vehicles for hire, such as taxis, buses, and limousines, to possess open containers of alcohol as long as the licensed driver operating the vehicle is not consuming alcohol.

VC § 23226 – Exceptions for living quarters of a motorhome.

This section permits the possession of open containers in the living quarters of a motorhome or camper as long as the vehicle is not on a public road or highway.

VC § 23229 – Possession of open cannabis containers while driving.

In addition to alcohol, this provision prohibits the possession of open containers of cannabis products while driving or riding as a passenger in a vehicle.

Exceptions to California’s Open Container Laws

While California’s open container laws are generally strict, there are a few notable exceptions:

• Passengers in taxis, buses, limousines, and other hired vehicles are allowed to possess open containers of alcohol, provided the driver is not consuming alcohol and is appropriately licensed.
• Containers stored in a vehicle’s trunk or the living quarters of a motorhome or camper are exempt from open container laws.
• Unopened containers being transported from one location to another are permitted as long as they remain sealed during the journey.
• Empty containers that have been resealed, such as a corked wine bottle or a can with a snap-on lid, are not considered open containers under the law.

While California’s open container laws are generally strict, these exceptions provide flexibility. Understanding the nuances of the law is important to avoid unintentional violations.

Penalties for Violating Open Container Laws in California

Violating California’s open container laws can result in an infraction or a misdemeanor, depending on the circumstances and the individual’s prior record.

Adult Charges

Standard penalty infractions for adults over 21 are punishable by a $250 fine, court fees, and other assessments. However, aggravating factors, such as having a prior conviction for the same offense or committing the violation while on probation, can elevate the charge to a misdemeanor and increase the penalties.

Minors and People Under 21

For individuals under 21 years of age, the state can bring misdemeanor charges for possession of alcohol in a vehicle by a minor under VC § 23224, which carries a sentence of up to six months in jail and a $1,000 court fine.

It’s important to note that the state can also consider open container violations in conjunction with DUI charges under VC §23152. If you’re found to be driving under the influence of alcohol or drugs and have an open container in the vehicle, you could face more severe consequences, including higher fines, license suspension, and even jail time.

Defenses to Open Container Charges

If you’re facing an open container charge in California, there are several potential defenses that our criminal defense attorneys can argue on your behalf:

• Lack of knowledge: If you were unaware that an open container was in the vehicle, we may contend that you lacked the knowledge needed to be liable for the offense.
• Belonging to someone else: If the open container belonged to another passenger in the vehicle and you had no control over it, we can assert that the courts should hold you responsible for another’s illegal actions.
• No actual possession or control: If the open container was not in your immediate possession or control, such as being stored in the trunk or glove compartment, our attorney can argue that you were not violating the law.
• Illegal search and seizure: If law enforcement officers discovered the open container during an unlawful search of your vehicle, our lawyers can move to have the evidence suppressed and the charges dismissed based on violating your Fourth Amendment rights.

When facing an open container charge in California, remember you have rights and potential defenses. Our criminal defense attorneys can help you explore these options and work towards a favorable outcome for your case.

Open Containers and Drunk in Public Laws

In addition to open container laws specific to vehicles, California also has public intoxication laws under PC 647(f) that can come into play when law enforcement finds individuals drunk in public.

While these laws are not directly related to open container offenses, having an open container of alcohol in public can lead to increased scrutiny from law enforcement and potentially result in a public intoxication charge.

Are You Facing a DUI or Open Container Charge in California?

If you’ve been charged with an open container violation or a DUI in California, get legal representation as soon as possible. The consequences of these charges can be severe, including fines, license suspension, and even jail time.

Our California DUI and open container attorneys can help protect your rights, challenge the evidence against you, and work to minimize the penalties you may face. Don’t try to tackle this on your own – let our lawyers guide you through the process.