Driving while intoxicated is illegal in every state, but you don’t necessarily have to be drinking to get a citation. In New York, having open containers of alcohol in the vehicle is unlawful. It doesn’t matter if you’re parked or in motion: if you’re on a public road, you can be cited. The penalties related to open container charges can be stiff, but thankfully, a skilled DWI defense attorney will help you. To help to clarify what you’re allowed to do, here are the answers to four common questions about this issue. 

Top FAQ on Open Container Laws

Can passengers drink in the vehicle? 

The ban on any open containers in the vehicle applies to passengers, unless you’re a licensed limousine or party bus driver with a special certification. Both you and your bibulous buddy can receive citations for this behavior.

Will I get a DWI if I have an open liquor bottle in the car? 

While you generally won’t be arrested for a DWI based on an open container alone, the presence of one in the car may trigger a full investigation. The police may ask you to perform a chemical test, or use the container as probable cause to search your vehicle. If you’re arrested as a result, contact a DWI defense attorney to protect your rights. 

What are the penalties for having an open container?

Anyone found to have an open container can receive a traffic citation, with a $150 fine for a first offense, plus additional fees and a possible 15-day jail sentence. If you’ve previously been convicted of a similar offense, the penalties may be even higher. 

What about empty bottles, or those kept in the trunk? 

The open container law only applies to cups, bottles, or cans containing alcohol in the passenger compartment. Empty bottles in the passenger compartment also generally won’t result in charges, though they can elevate officer suspicion. Opened items kept out of reach in the trunk typically won’t result in criminal charges. If you go to a restaurant, order a bottle of wine, and want to take the remnants home, the establishment must provide you with a sealed bag and a dated receipt as proof of purchase. Whether you’re taking a cab home or are sober enough to drive yourself, place the bottle in the trunk for the ride home. 

For over 40 years, the DWI defense attorneys at Larry R. Koss Law Firm have been fighting for the rights of drivers throughout Monroe, Orleans, Niagara, and Genesee counties. If you’ve been charged with an alcohol-related offense, this legal team will prepare an aggressive defense based on the unique circumstances of your case. To speak with a DWI defense attorney and schedule a consultation, call their offices today at (585) 637-3961.