You probably know that driving with an open alcoholic beverage in your vehicle is illegal, provided it’s not locked in the trunk, but you might not know the true consequences and complications involved with open container laws in California. Similarly, you may not know that the same law that prohibits driving with open alcoholic containers in the car, 23222 (VC), also makes it illegal to drive in a vehicle with an open marijuana container.
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, it’s actually drastically different. Violating open container laws will only result in an infraction, 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 the infraction with the help of a criminal defense lawyer, courts will not add these tickets to your criminal record. In most cases, you will probably find it easier and cheaper to simply pay the fine.
Using Alcohol or Marijuana While Driving
Drinking or smoking marijuana while driving is treated similarly to possessing open containers while behind the wheel, as long as you are not intoxicated. Anyone caught using alcohol or marijuana while operating a vehicle will be issued a ticket for 23221 (VC), which carries the same penalties as 23222 (VC), meaning a fine of $250.
Open Containers Can Result in DUI Charges
That being said, if you are caught with an open beverage or marijuana container in your vehicle or drinking or smoking while behind the wheel, the officer who pulled you over will have reason to believe you are also driving under the influence. Most people caught in these situations, especially those seen using the substances while driving, will be asked to submit to 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.
More Serious Violations
There is one case where having an open alcoholic beverage in your car will count as a misdemeanor, though, if you are under 21. If you are a minor caught holding alcohol as a passenger or driving and you were not under parental supervision at the time, you may be charged with minor in possession of alcohol, a misdemeanor charge.
Any alcohol or drug conviction for a person under 21 years of age will result in the automatic loss of the person’s driver’s license for one year. The license suspension applies even if no vehicle was involved in the arrest incident. A minor caught in possession of alcohol at the beach or even inside a private residence is subject to a one year license suspension.
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.