What is an Open Container Law?

According to Wilkipedia, an open-container law is a law which regulates or prohibits drinking alcohol in public by limiting the existence of open alcoholic beverage containers in certain areas, as well as the active consumption of alcohol in those areas [1].

These laws often restrict drivers and passengers from having open alcohol containers within the vehicle, typically excluding the trunk. The primary goal of open-container laws is to curb public intoxication and prevent the operation of vehicles while intoxicated.

In the United States, open-container laws are state-specific rather than federally mandated, resulting in varied regulations across states. While most states and localities prohibit the possession or consumption of open alcohol containers in public places, 24 states lack such statutes.

In California, state law specifically bans open alcohol containers in certain public spaces if local ordinances are in place, focusing on areas owned by cities, counties, or park districts. Violating these laws typically involves having alcohol containers that are open, partially consumed, or readily accessible.

How Open Container Laws are Proven

Open container violations are often cited during routine traffic stops or DUI checkpoints. If an officer observes an open container inside a vehicle, they can confiscate it as evidence and charge the driver or passenger with an open container violation.

These charges may sometimes be charged in addition to a DUI offense when a driver has an open container and is driving while impaired. If an officer pulls you over for a different reason such as having a burnt-out light and sees an open container in your vehicle when he or she approaches your window, the officer can confiscate the open container of alcohol and charge you with violating the open container law.

Open Container Violation Defenses

Defenses against open container charges often involve violations of the Fourth Amendment, which protects against unlawful searches and seizures.

Another defense is proving that no alcohol was present in the passenger compartment, or that the driver is licensed to transport passengers.

Concerning alcohol not being in the passenger compartment, open containers stored in a trunk, places in the vehicle not normally occupied by passengers, or a locked container will not violate the rules against open containers in vehicles.

What is a DUI?

According to LawCornell, driving under the influence (DUI) and driving while intoxicated/impaired (DWI) are criminal offenses in all states, addressing dangerous driving caused by alcohol, drugs, or other substances. In states that only charge one type of offense, DUI and DWI are often used interchangeably [2].

In states that charge both offenses, DUI charges usually refer to cases of alcohol impairment, while DWI charges usually refer to cases of impairment by recreational or prescribed drugs. Some jurisdictions prohibit impaired driving across the entire state, while others limit the prohibition to public roadways and areas open to the public

Evidence in DUI Cases

Prosecutors have two main methods to establish that a driver was under the influence: DUI per se and DUI impairment.

DUI Per Se: Over the Legal Limit
One method involves proving that the driver’s blood alcohol concentration (BAC) exceeded the legal limit. In most states, the BAC limit for drivers over 21 is 0.08 percent, while commercial drivers face a limit of 0.04 percent. For those under 21, the limit is often 0.02 percent. Common tests to measure BAC include breathalyzer tests and chemical tests like blood or urine tests.

DUI Impairment: Proving Actual Impairment
The second method focuses on proving that the driver was impaired by alcohol or another substance, regardless of their BAC level. This type of DUI is harder to prove, as it requires evidence beyond just a BAC reading. Prosecutors may use videos or photos of the arrest, the officer’s report, witness testimony, and any found substances like alcohol or drugs in the vehicle to demonstrate impairment.

DUI Charge Defenses

Defenses Related to “Driving”
In some states, a DUI conviction requires proof of actual driving. If you were found asleep in a parked vehicle, you might have a strong defense. The prosecution must show that you were “operating” or “in actual physical control” of the vehicle. States like California typically won’t convict you of DUI unless you were driving while intoxicated.

Arresting Officer Made an Illegal Stop
Law enforcement must have reasonable cause to stop a driver, based on observed traffic violations. Mere suspicion isn’t enough. Officers often cite behaviors like “weaving,” “speeding,” or frequent lane changes as reasons for the stop. The state must also prove that evidence was obtained legally. If the stop violated your Fourth Amendment rights, you could file a Motion to Suppress Evidence due to an illegal stop.

Challenging a DUI Checkpoint
DUI checkpoints are set up on busy roads, often during weekends and holidays, to stop cars or randomly select drivers. A skilled lawyer can assess the legality of the checkpoint, including whether it was publicly announced and if the stops were truly random. This can be a key defense in DUI cases.

Breath Alcohol Testing Can Be Inaccurate
Breathalyzer tests, common in DUI cases, measure blood alcohol content (BAC) based on breath alcohol particles. Factors like body temperature can affect the accuracy, potentially leading to falsely high readings. A defense attorney, with the help of a forensic toxicology expert, can challenge the reliability of breath tests.

Rising Blood Alcohol
The “rising blood alcohol” defense argues that your BAC was below the legal limit while driving but increased afterward. BAC can take 45 minutes to 3 hours to peak after drinking. This defense uses toxicology tests and evidence to show that your BAC was rising at the time of the incident, not while you were driving.

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References:
1. https://en.wikipedia.org/wiki/Open-container_law
2. https://www.law.cornell.edu/wex/driving_under_the_influence

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