Last Updated on July 2, 2025
There’s a time and a place for everything. While there’s nothing wrong with cracking open a cold bottle of beer after work, it is a problem if you’re still in your car. California Vehicle law sections 23221-23229 (VC) set specific conditions for when an individual can or cannot drive with an open alcoholic beverage or marijuana container in their car. Here’s what you should know about these laws to stay safe and continue to drive legally.
What are the Specific Open Container Laws in CA?
While most people assume getting caught while driving with an alcoholic beverage in hand is similar in severity to driving drunk, most of these offenses are considered much lesser crimes from a legal perspective. These laws are spelled out in a number of sections under the state vehicle code, including:
- 23221 (VC): which prohibits driving while using marijuana or alcohol
- 23222 (VC): which outlaws actually driving with an open container of alcohol or marijuana in the vehicle
- 23224 (VC): which prohibits minors under 21 from possessing any alcohol container in a vehicle
- 23225 (VC): which specifies that open bottles may legally be stored in a vehicle’s trunk or a locked container out of the driver or passenger’s immediate reach
- 23226 (VC): which specifically prohibits storing an open alcohol container in the glove box
- 23229 (VC): which sets forth an exception in the open container law for passengers in a Lyft, Uber, taxi, or other vehicle for hire
What are the Penalties for Open Container Law Violations?
Most open container laws are only punishable as infractions, meaning those caught will be issued a citation similar to a traffic ticket, punishable by up to $250 in fines. While you might be able to fight these infractions with the help of a criminal defense lawyer, courts will not add these tickets to your criminal record. In most cases, it is easier and cheaper to simply pay the fine.
A major exception to this rule is in cases where a minor was caught possessing any alcohol container in the vehicle, open or not. This offense is a misdemeanor, punishable by up to six months in jail (or a juvenile facility if the minor is under 18) and a fine of $1,000. Additionally, the vehicle the minor was operating at the time will be impounded for up to 30 days.
While most juveniles found guilty of this offense are sentenced to probation rather than incarceration, a conviction will also result in a one-year license suspension or a one-year delay in being able to obtain a driver’s license.
Defenses to These Charges
The best defense to these charges is to show that the officer who issued the ticket made a factual error. For example, they accused you of possessing alcohol in the vehicle, but the product is a non-alcoholic product that merely resembles an alcoholic beverage. Alternatively, you could show that the item in question was kept in a locked compartment away from the driver or passenger because your vehicle lacks a trunk.
Note that under 23226 (VC), it is absolutely not a defense to argue that the alcohol was stored in a glove box (even one that is lockable) because the law explicitly states that this is not considered out of the driver’s compartment in a vehicle.
Charges filed under 23224 (VC) are more serious and, therefore, more difficult to challenge, but you still can fight these allegations with the help of an attorney. There are many exemptions to this vehicle code written into the law —so if a teen was driving with an alcoholic beverage in the car under the instruction or supervision of a parent, employer, or other adult designated by the parent, no crime occurred.
Related Charges
Open container violations may typically only be infractions, but they often are used as evidence that someone was driving under the influence of alcohol or marijuana. Most people caught in these situations, especially those seen actually using the substances while driving, will be asked to submit to field sobriety tests. If you have not been drinking, you will probably want to take these tests so you can get back on your way as soon as possible.
On the other hand, if you have been drinking and worry you will fail the sobriety tests, you may skip them, even if it means getting arrested. Remember that if you are charged with drunk driving, having an open beverage in the car will already be used against you as evidence, so if you fail the sobriety tests, you will be providing the prosecution with even more proof of your guilt.
Similarly, minors who are caught with alcohol in their possession in a vehicle may also face minor in possession of alcohol charges, even if they haven’t had a sip of alcohol. Unlike 23224 (VC) charges, this crime is only punishable through a fine or community service hours, but it is still a misdemeanor offense. As such, those convicted of the charge will still lose their license for an entire year, even if they were found innocent of violating the state’s open container laws.
While most violations of open container laws in California are something adults will usually want to handle on their own, minor in possession charges are very serious, and those accused of these offenses should always consult a lawyer like Peter M. Liss as soon as possible. You can schedule a free initial consultation at his office across the street from the Vista courthouse by calling (760) 643-4050.
