• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Free Initial Consultations – Call today (559) 222-5800

dui lawyer fresno

Fresno DUI Attorney & Criminal Defense Lawyer

  • Practice Areas
    • DUI Defense
      • Boating Under the Influence
      • Marijuana DUI Defense
      • Underage DUI Defense
    • Criminal Defense
    • Personal Injury
      • Motor Vehicle Accident
    • Domestic Violence
    • Drug Crimes
    • Expungement
  • About
  • Resources
    • California DUI Laws
    • Blog
  • Contact Us
  • Practice Areas
    • DUI Defense
      • Boating Under the Influence
      • Marijuana DUI Defense
      • Underage DUI Defense
    • Criminal Defense
    • Personal Injury
      • Motor Vehicle Accident
    • Domestic Violence
    • Drug Crimes
    • Expungement
  • About
  • Resources
    • California DUI Laws
    • Blog
  • Contact Us

Open Container Laws

Home / Blog / Open Container Laws

October 10, 2012 //  by Gregory Fox

California has open container laws which are listed in vehicle code sections 23221-23229. California’s open container laws prohibit driving with an alcoholic beverage in the car if it has been opened, even if the alcoholic beverage has not been consumed. Open container laws are typically treated as an infraction and you may face a $250 fine. However, open container laws have harsher penalties for those who are under 21, regardless of whether you are the passenger or the driver of the vehicle. If you are under 21 and caught violating open container laws you could face a misdemeanor punishable by up to six months in jail and a possible fine of up to $1,000.00.

Open container laws – legal defenses

Open container laws have a number of legal defenses and we will explain a few of them below:

  • Was the alcohol in the trunk of the vehicle?
  • Were you in a hired car such as a taxi, bus, or limo?
  • Did the officer have probable cause to stop you?
  • Did the police perform an illegal search and seizure when they found the open container?

It is important to understand that within open container laws the word “open” does not literally mean that there is no top on the container. To fall within open container laws the beverage simply has to have been opened, have a broken seal, or been partially or entirely consumed. However, if your case goes to trial the prosecutor must be able to prove that you possessed the open container. If you were in the vehicle with numerous people, for example, you can’t be convicted unless it can be proven that the container was either on your person or under your control. The prosecutor must prove that it is connected directly to you.

What if it’s in the trunk?

You are not guilty of violating California’s open container laws if the open container was in the trunk of the car. If your vehicle does not have a trunk and the open container was in an area not typically occupied by people such as the bed of a truck or in a locked container you should be acquitted of the offense.

What if I was in a bus, taxi, or limo?

You are exempt from prosecution under California’s open container laws if you are a passenger in a vehicle such as a bus, taxi, limo, or camper. Passengers in these types of vehicles are allowed to drink, however, drivers are not. If you are a minor in one of these vehicles (under the legal drinking age of 21), then California’s open container laws apply.

Probable Cause

If you are pulled over and found in violation of California’s open container laws the officer must have had probable cause to stop you in the first place. Under California law probable cause means that the officer had reasonable belief that a crime is or was taking place. For example, if you were speeding, running a stop light, or driving recklessly, the officer has probable cause to pull you over and if an open container is found you will be subject to California’s open container laws. However, if it is found that the cop had no legal reason to stop you it may be possible to have the case dismissed.

Call for help

If you have questions regarding California’s open container laws and would like to confidentially discuss your case with an experienced Fresno criminal attorney, please contact The Law Office of Gregory W. Fox. In most instances an appointment can be scheduled for the same day. Give us a call at (559) 222-5800.

Further reading:

  • V C Section 23222 Possession of Marijuana or Open Container While Driving
  • V C Section 23223 Possession of Open Container in Motor Vehicle
  • V C Section 23224 Possession of Alcohol in Vehicle Person Under 21
  • V C Section 23225 Storage of Opened Container
  • V C Section 23226 Storage of Opened Container in Passenger Compartment
  • V C Section 23229 Possession of Alcoholic Beverages Exceptions

Category: Blog

Previous Post: « DUI Breath Testing
Next Post: Wet Reckless »

Primary Sidebar

Search posts

Request your free initial consultation

If you have any questions or would like to schedule your free initial consultation please call (559) 222-5800 or fill out this form and we will contact you as soon as possible.











    Related Posts

    Can you have an open container of alcohol in the trunk of a car in California?, Rules for Police During a Traffic Stop, New California Gun Laws for 2016, Underage DUI Laws and Penalties in California
    This website provides general information only. It should not be relied upon as legal advice. The law is constantly changing and differs from location to location. Applicability of the law is dependent upon the facts and circumstances of each case. You should consult an attorney about your particular situation. Transmission of this information is not intended to create, and receipt does not constitute an attorney–client relationship between the sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

    If you have any questions, or would like to schedule your free initial consultation, please contact us today at (559) 222-5800. Hablamos español.

    Footer

    About

    Gregory W. Fox provides DUI, criminal defense, and personal injury representation throughout Fresno and the greater Central Valley of California including Fresno, Kern, Kings, Madera, Mariposa, Merced, Monterey, San Luis Obispo, Stanislaus, Tulare, and Tuolumne counties.

    • Facebook
    • LinkedIn
    • Twitter

    Contact Us

    The Law Office of Gregory W. Fox
    191 West Shaw Avenue, Suite 208
    Fresno, California 93704

    Phone: (559) 222-5800

    FAX: (559) 222-5801

    Hours:

    1. Monday–Thursday 8AM–5PM
    2. Friday 8AM–12PM
    3. Saturday–Sunday 9AM–4PM

    Get Directions

    Practice Areas

    • DUI Defense
    • Criminal Defense
    • Drug Crimes
    • Domestic Violence
    • Expungement
    • Personal Injury

    Site Footer

    • Top Criminal Defense Attorney in Fresno
    • Lawyer Gregory Fox | Featured Attorney Criminal Defense

    • Copyright © 2023
    • The Law Office of Gregory W. Fox
    • Privacy Policy