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Florida Open Container Laws

Driving around with friends is a great pastime, but often passengers like to drink when they aren’t behind the wheel. As the driver, you may feel safe from facing the consequences from your friends’ actions, but in reality, police can use open container laws to charge all persons in a vehicle.

What Are Open Container Laws?

Open container laws state, “it is unlawful (…) for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state.”

This law forbids anyone driving or riding as a passenger in Florida to have an open container of alcohol inside a moving vehicle.

Open container laws also state, “it is unlawful (…) for any person to possess an open container of alcohol while seated in or on a motor vehicle that is parked or stopped within a road.”

This law forbids anyone from having an open container of alcohol in or on a parked car residing on a roadway (this includes cars parked on curbs).

Now that we have established what an open container is, we can talk about the consequences of breaking this law.

Punishments for Open Container Charges

Open container violations in the state of Florida are not criminal violations: they are moving violations for drivers. While moving violations are not as serious as criminal violations, they can still lead to severe consequences. A driver charged with an open container violation is subject to receive 3 points on his or her license for a successful conviction. Additionally, insurance premiums will increase for anyone convicted of this violation.

Choosing the Right Representation

Attorney Scott Monroe is known for his experienced DUI and alcohol-related representation. An open container violation (and a potential DUI violation to match) can suspend your license and cost you time, money, and energy. This is why it’s always prudent to hire an attorney for any violation you receive!

Need representation? Contact Scott Monroe Law now! (904) 474-3115