OPEN CONTAINER
LAWS
Overview of Typical
Statutes
The offense of
having an "open container" of ALCOHOL
inside the passenger compartment of your vehicle. Open container
laws prohibit the possession of any open alcoholic beverage
container and the consumption of any alcoholic beverage in
the passenger area of a motor vehicle. Since every state has
laws to prevent and punish
impaired driving, open container laws are considered by
police agencies to be an important tool in their crusade against
impaired driving.
Federal "Strong Arm"
Tactics Force All States to Pass Some Form of Statute
Section 154 of 23 U.S.C.
required that states have an open container law in
place by October 1, 2000. States without this law would have a portion
of
their federal aid highway construction funds redirected into other state
safety activities each year, beginning in Fiscal Year 2001. The
redirected
monies would go to the state's Section 402 highway safety program
to be used for alcohol-impaired driving countermeasures or for enforcement
of
anti drunk driving laws. Alternatively,
the state could elect to use the
monies for the state's hazard elimination program under Section
152. All
states passed some form of legislation, to keep highway money flowing
to
where it was needed.
Some states passed statutes
that are extremely restrictive (i.e., you cannot
carry any bottle, container or can on which the 'seal' has been
broken) in
ANY part of the vehicle that a driver could access (including the
glove
compartment). Others take a more sensible approach, and permit containers
to be kept inside a locked glove box. Some states (e.g. Alabama),
make the
offense a minor offense with only a $25 fine. (See Alabama statute
below).
Points May Be Assessed
Some states , (e.g., Georgia)
add points to your license for driving with
the open container in the car, while others (e.g., South Carolina)
may even
suspend the driver's license of underage drivers and underage passengers,
where an open container is inside a moving vehicle.
License Suspension or
Revocation
Each state's laws are
different. To learn whether your license is subject
to suspension or revocation, or whether you face jail time or other
penalties, contact knowledgeable legal counsel
in your state.
Alabama's Statute
Ala.Code 1975 §
32-5A-330
CODE OF ALABAMA.
TITLE 32. MOTOR VEHICLES AND TRAFFIC.
CHAPTER 5A. RULES OF THE ROAD.
ARTICLE 15. POSSESSION OF OPEN CONTAINER OF ALCOHOLIC BEVERAGES
Current through End of 2000 Regular Session
§ 32-5A-330. Definitions;
applicability; violations.
(a) As used in this section,
the following terms are defined:
(1) OPEN CONTAINER.
A container which is other than in the manufacturer's sealed condition.
(2) PUBLIC HIGHWAY or RIGHT-OF-WAY OF A PUBLIC HIGHWAY. The entire
width between and immediately adjacent to the boundary lines of
any public road, street, highway, interstate, or other publicly
maintained way when any part is open to the use of the public
for purposes of motor vehicle travel.
(b) It is unlawful for
a person to have in his or her possession alcoholic beverages in
an open container in the passenger area of a motor vehicle of any
kind on a public highway or right-of-way of a public highway of
this state.
(c) This section shall
not apply to:
(1) A passenger of
a motor vehicle designed, maintained, or primarily used for the
transportation of persons for compensation and the driver holds
a valid commercial driver's license.
(2) A passenger of a bus for which the driver holds a valid commercial
driver's license.
(3) A passenger of a motorized or non-motorized self-contained
camper, motor home, house coach, or house trailer.
(4) A motor vehicle trunk, storage, or luggage compartment or
a truck bed, storage, or cargo compartment.
(5) A locked case placed in an area that is not readily accessible
behind the front seat of a pickup truck which has no trunk or
separate enclosed area other than the cab of the truck.
(6) A driver who does not have knowledge of and cannot access
alcoholic beverages in an open container in the passenger area
of the vehicle.
(7) A motor vehicle which is parked or idle and does not have
the engine running. This does not apply to the right-of-way of
a public highway.
(d) This section shall
not be construed to prohibit the transporting of alcoholic beverages
in closed containers.
(e) A person who violates
the provisions of this section is guilty of a Class C misdemeanor
and, upon conviction, shall be fined not more than twenty-five dollars
($25), and court costs shall not be assessed.
(f) The penalties provided
for violation of this section shall not constitute a moving violation
and shall not have any effect on the driver's license points.
The act which added this
section is effective August 1, 2000.
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