California's open container laws make it illegal for motorists to possess an alcoholic beverage that is opened or the seal is broken, even if the alcohol is not being consumed. This infraction is typically punishable by a maximum $250 fine.
If you are a driver or passenger under 21 and violate this law, you can be charged with a misdemeanor crime punishable by up to six months in jail and a fine of up to $1,000.
Simply put, California has specific laws that cover driving with open containers of alcohol in the car and consuming them while driving. They are primarily designed to prevent drunk driving and keep the roads safe.
The open container laws in California are codified in Vehicle Code Sections 23221-23229 VC, which makes it illegal to have an open container of alcohol in the vehicle or to drink any alcoholic beverage while driving.
The alcohol includes wine, liquor, spritzers, etc. Notably, this law also outlaws marijuana in the car.
Vehicle Code 23222(a) says: "Nobody shall have in their possession on their person while driving a motor vehicle upon a highway or lands, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed."
This means that in California, it is illegal to have any "open" container of alcohol in your vehicle, whether you are drinking it or even if there is no longer any alcohol in the container.
Open Container - Quick Facts
- If police discover open containers in your car when they pull you over, you could face charges under VC 23222.
- A "container" in the context of law includes cups, glasses, flasks, opened wine bottles, a bottle with the seal removed, and empty cans or bottles under the car seat.
- The term "open" in this law does not mean that there is no top on the beverage but rather that it has been opened and has a broken seal.
- For the law, an "open container" consists of any can, bottle, or another open receptacle that has its seal broken or partially or entirely consumed.
- California's open container laws are an infraction that typically results in receiving a citation, except for underage possession of alcohol.
- Open container laws pertain to public highways and roadways.
- California law allows passengers in cabs, limos, etc., to have open containers and consume alcohol.
- The penalties for violating open container laws are minor but can still significantly impact your life.
- You may be fined up to $250 and get points on your DMV record.
- If you are under 21, you might be convicted of a misdemeanor and possibly face a one-year license suspension.
- Related crimes include Vehicle Code 23152 VC driving under the influence and Penal Code 647(f) PC drunk in public law.
What Does the Law Say?
California Vehicle Codes 23221-23229 VC defines all situations with open containers of alcohol in the car, such as the following:
- Vehicle Code 23221 VC says it's illegal for the driver or any passenger to drink alcohol or smoke marijuana in the car while on a public road.
- Vehicle Code 23222 VC says it's illegal to possess an open container of alcohol or cannabis in the car.
- Vehicle Code 23224 VC says it's a misdemeanor crime for someone under 21 to drive or be a passenger in a vehicle containing alcohol, open or unopened, unless under parental supervision or lawfully transporting it as part of their job.
- Vehicle Code 23225 VC has language that allows the storage of open containers in a trunk or locked compartment away from drivers and passengers.
- Vehicle Code 23226 VC says storing open containers in the glove compartment or other compartments within the driver's or passengers' reach is illegal.
- Vehicle Code 23229 VC provides exceptions to the open container rules for passengers riding in vehicles for hire, such as rideshare, taxicabs, and limousines.
- Vehicle Code 23229.1 VC says it's illegal for in-hire vehicles to store alcohol when transporting passengers under 21.
What Are the Punishments?
For adults, violations of these open container laws are infractions, meaning law enforcement will write you a ticket. The ticket carries a fine of $250, and you may get points on your DMV record.
For minors under 21, the penalties are different. Having alcohol or marijuana in the car is a misdemeanor that carries the following penalties:
- Up to a $1,000 fine.
- Driver's license suspension for up to one year.
- Mandatory community service.
What Are the Common Defenses?
You could challenge it to avoid fines and points if you're unfairly ticketed for an open container violation. Some common defenses to open container violations are as follows:
- The open container was in the trunk or a locked compartment.
- The container was unopened.
- You were on private property.
- You were a passenger in a vehicle for hire.
- The container belonged to someone else in the car. For the open container violation to apply, the container must be in your possession or control.
- There was no probable cause. If the police did not have probable cause to pull you over, you could fight to dismiss your open container citation.
- There was an Illegal search and seizure. If police violate California's search and seizure laws by discovering the open container by searching the car without consent or probable cause, the citation might be dismissed.
If you or a family member has been accused of violating California's open container laws, contact our law firm to review the details and discuss your legal options. Eisner Gorin LLP is based in Los Angeles.
What is the Full Text of the Open Container Laws?
The full text of California's open container laws is included in Vehicle Code Sections 23221-23229 VC, listed below.
Vehicle Code 23221 VC says, "(a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on a highway.
(b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway. (c) A violation of this section shall be punished as an infraction.
Vehicle Code 23222 VC says, (a) A person shall not have in their possession on their person while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, a bottle, can, or other receptacles, containing an alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.
(b)(1) Except as authorized by law, a person who has in their possession on their person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, a receptacle containing cannabis or cannabis products, as defined by Section 11018.1 of the Health and Safety Code, which has been opened or has a seal broken, or loose cannabis flower not in a container, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100).
(2) Paragraph (1) does not apply to a person who has a receptacle containing cannabis or cannabis products that has been opened, has a seal broken, or the contents of which have been partially removed, or to a person who has a loose cannabis flower not in a container, if the receptacle or loose cannabis flower not in a container is in the trunk of the vehicle.
(c) Subdivision (b) does not apply to a qualified patient or person with an identification card, as defined in Section 11362.7 of the Health and Safety Code, if both of the following apply:
(1) The person carries a current identification card or a physician's recommendation.
(2) The cannabis or cannabis product is contained in a container or receptacle that is either sealed, resealed, or closed.
Vehicle Code 23223 VC says, "(a) A driver shall not have in the driver's possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
(b) A passenger shall not have in the passenger's possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.
Vehicle Code 23224 VC says, (a) No person under 21 years of age shall knowingly drive any motor vehicle carrying any alcoholic beverage unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person's employment. If the driver was unaccompanied, they should have a complete defense if they were promptly following the reasonable instructions of a parent, legal guardian, responsible adult relative, or adult designee relating to the disposition of the alcoholic beverage.
(b) No passenger in any motor vehicle who is under 21 years of age shall knowingly possess or have under that person's control any alcoholic beverage unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger's employment. If the passenger was unaccompanied, they shall have a complete defense if they were promptly following the reasonable instructions of a parent, legal guardian, responsible adult relative, or adult designee relating to the disposition of the alcoholic beverage.
(c) If the vehicle used in any violation of subdivision (a) or (b) is registered to an offender who is under 21 years of age, the vehicle may be impounded at the owner's expense for not less than one day nor more than 30 days for each violation.
(d) Any person convicted for a violation of subdivision (a) or (b) is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
Vehicle Code 23225 VC says, (a)(1) It is unlawful for the registered owner of any motor vehicle to keep in a motor vehicle when the car is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed unless the container is kept in the trunk of the vehicle.
(2) If the vehicle is not equipped with a trunk and is not an off-highway motor vehicle subject to identification, as defined in Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in some other area of the vehicle that the driver or passengers do generally not occupy. For this paragraph, a utility or glove compartment shall be deemed within the driver and passengers' area.
(3) If the vehicle is not equipped with a trunk and is an off-highway motor vehicle subject to identification, as defined in subdivision (a) of Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in a locked container. As used in this paragraph, "locked container" means a secure container fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.
(b) Subdivision (a) applies to a motor vehicle driver if the registered owner is not in the vehicle.
(c) This section shall not apply to the living quarters of a housecar, or camper.
Vehicle Code 23226 VC says, (a) It is unlawful for any driver to keep in the passenger compartment of a motor vehicle, when the car is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
(b) It is unlawful for any passenger to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.
(c) This section does not apply to the living quarters of a housecar or camper.
Vehicle Code 23229 VC says, (a) Except as provided in Section 23229.1, Section 23221, as it applies to an alcoholic beverage, and Section 23223 does not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers under the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated under Article 4.5 (commencing with Section 21215) of Chapter 1.
(b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers under the Public Utilities Code or proper local authority or of a pedicab operated according to Article 4.5 (commencing with Section 21215) of Chapter 1."
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