DWI Open Container Laws
Because driving while intoxicated (DWI) is such a serious crime, many states have enacted open container laws in an effort to deter people from drinking and driving. An open container law makes it illegal to have an open container of alcohol within the driver or passenger’s reach and requires that any open alcohol containers be transported in the vehicle’s trunk.There is no federal open container law; however, the federal government has established open container law guidelines that states must follow in order to receive highway funding. States that do not comply with the open container guidelines must use a portion of their highway funding for alcohol awareness programs. Currently, only 14 states have open container laws that do not comply with federal criteria.
There are six requirements the state’s open container law must have in order to conform to the federal requirements. The law must prohibit drivers and passengers from possessing an open alcohol container or consuming alcohol while in the vehicle—this applies to all alcoholic beverages containing 0.5 percent or more alcohol by volume. However, an exception may be made if the vehicle is used to transport people for compensation. This means that open alcohol containers may be possessed or consumed by passengers in a bus, taxicab, or limousine.
In addition, the law must define the passenger area as the area that seats the drivers and passengers while the vehicle is in motion. This includes any area the driver or passenger could reach while seated, including the glove compartment. The law must also apply to all drivers and passengers in the vehicle, when the vehicle is located on a public highway or right-of-way, such as the shoulder on the highway. The final requirement of the law states that officers must have the authority to enforce the open container laws, rather than requiring probable cause that another crime has been committed before enforcing the law.
Many states also have open container laws regarding drinking in public; although the penalty for public intoxication is typically a fine. The penalties for having an open container in a vehicle are much more serious.
If you have recently been charged with violating your state’s open container law, it may be in your best interest to contact an experienced defense lawyer.
