In California, as in 38 other states, it’s against the law to carry an open container of alcohol in your vehicle. Even if the seal has only been slightly broken, the law says it is an open container. For drivers 21 and older, if you are cited for carrying an open container, the charge is an infraction, you can be fined up to $250, and a point can be placed on your driver’s license. If you are under 21, the law is somewhat tougher. If you – or someone you love – is charged with carrying an open container, it’s imperative to have the advice of an experienced Orange County DUI attorney. Every case is different, and if you already have points on your license or if you are under 21, it may be in your best interests to fight the charge. Discuss the case with an attorney, and follow that attorney’s advice.
If you are under 21 in California, you are below the legal drinking age, so if you are caught carrying an open container while driving, the charge is a misdemeanor, and if you are convicted, you could serve up to six months in jail and pay a fine of up to $1,000. California drivers of all ages should know that you can fight an open container charge, and in some cases, with the help of an experienced Orange County DUI attorney, you can win.
An open container locked in a vehicle’s trunk or on the bed of a pickup truck is legal, and the law allows additional exceptions for limos, campers, and RVs. If the police stopped you without having a sufficient reason – without reasonable cause – there’s a good chance the charge can simply be dismissed. Protect yourself, your family, and your rights. Let an experienced Orange County DUI attorney defend you against an open container violation, a DUI charge, or any related accusation in Orange County. After any arrest or citation for any of these charges, make the call immediately.