Open Container Laws

In the state of Florida, it is illegal to be in possession of an open container of alcohol in a vehicle or while in public. An open container refers to any container of alcohol that has been unsealed and can be consumed immediately. This includes beer, wine, liquor, and any other alcoholic beverage. Both drivers and passengers of vehicles must abide by open container laws or risk being ticketed or arrested for violation. You do not have to be intoxicated to receive a ticket for an open container.

Possessing an open container in a car, even if the car is parked, is illegal. A driver may be charged with possession of an open container if an open container of alcohol is within reach and not in possession of another person. A passenger may be charged if he or she physically controls the open container, and the driver may also receive a ticket for a passenger who is in violation. If you are transporting open containers of alcohol, such as half-full bottles of liquor or an opened bottle of wine, your best option is to place the containers in the glove compartment or trunk until you arrive at your destination.

Under Florida law, you can be ticketed or arrested for possessing an open container either in a vehicle or in public. Depending on the severity of the situation, you may be charged with a misdemeanor for possessing an open container and will be required to pay a fine. This law varies widely between different ordinances in the state, as does the fine amount. If you have been ticketed or arrested for possessing an open container, consider contacting a criminal defense attorney to learn more about your legal options.

Contact Us

For more information on local open container laws and penalties, please contact the experienced West Palm Beach criminal lawyers of Eric N. Klein & Associates, P.A. today at 561-353-2800.