Driving with an open bottle of alcohol in your car might seem harmful, but in California, it is a serious matter that can lead to harsh legal consequences.
Open container laws
In California, it is illegal to drive with an open container of alcohol in your vehicle, whether you are the driver or a passenger. Many people wonder what the exact meaning of “open container” is, so let’s explain the term.
An open container, in the context of these laws, refers to any alcoholic beverage that you or someone else opened, broke the seal of or drank from. It can be a bottle, a can, a flask or anything else where alcohol is present, depending on where you had it or opened it.
What does the law say?
The law states that if you have an open bottle of alcohol in your car, you must store it in your trunk or a locked container that is not accessible to the driver or any passenger.
This means that beer cans in the cup holder are a no-no, and hiding a bottle of wine in the glove compartment won’t work either. Both are illegal activities.
Passengers are not exempt from the law, either. The driver is responsible for keeping every passenger in their vehicle from drinking. You are the driver; you can stop the car and ask the individual who opens a can of beer to exit the vehicle.
Consequences for breaking the law
So, what happens if you break the law and get caught?
Well, the consequences could be pretty serious. If this is your first offense, you will probably have to pay a $250 fine, and for any subsequent offenses, up to $1000. In addition, the authorities can suspend your driver’s license and sentence you to jail time.
If you harm someone while driving and break the law, you can face significantly more severe punishment. California is harsh when it comes to driving drunk, and open container laws are no exception to that.
The problems do not stop there
But it’s not just the legal ramifications that you need to worry about. You will also have to face problems in your personal life. For example, your insurance premium may skyrocket because this offense will be on your record.
In addition, if the state convicts you of one or multiple offenses involving alcohol and driving, you may have difficulty passing background checks, which are often required for employment, housing and loans.
If you are driving in California, it is critical to know and follow the state’s open container laws. Make sure that, if you must carry alcohol in your vehicle, you store it properly and in compliance with California’s open container laws.
It’s crucial to be aware of your rights and the next steps you should take if someone causes you harm while driving in violation of California’s open container laws.