Contrary to popular belief, the federal government cannot directly legislate open container laws; states can. However, the federal government can create incentives for states to make such laws of their own, according to the Connecticut Assembly's OLR Research Report. California stands as one of 43 U.S states that outlaws the possession of an alcoholic beverage container, that has been opened or has a broken seal, while driving a vehicle.
In 1998, the federal government enacted the Transportation Equity Act for the 21st Century (TEA-21) Restoration Act, which sets guidelines for states to follow in order to receive roadway funding. Because state governments want to receive the maximum amount of roadway funding possible, drunk living laws and open container violations were passed because the funding served as an incentive.
California's open container law, V.C. Section 23222, is considered to be much more lenient than that of other states. An open container violation in the state is cited as an infarction and carries of maximum fine of $70. Passengers in buses, taxicabs, or limousines are exempt from this law. Other states have much harsher consequences. For example, an open container violation in the District of Columbia results in a misdemeanor, a $500 fine, and up to 90 days imprisonment. In Hawaii, a driver can receive a $2000 fine and 30 days of imprisonment.
If you think that you've wrongfullly received a citation for violating the state's open container law, contact a Los Angeles drunk driving lawyer for help with your defense. If you have doubts about whether or not you are in violation of the open container law, it's always best to play it safe and leave your alcohol at home. Because law enforcement does not see the trunk as part of the vehicle where passengers have access to while driving, storing alcohol in the vehicle trunk is considered legal.
Related Resources:
- DUI - Plea Bargains (FindLaw)
- California DUI Law (FindLaw)
- Los Angeles Drunk Driving Lawyer Directory (FindLaw)
