Florida Open Container Violation Lawyer

If you have been cited for an open container violation in Florida, you may be facing fines, penalties, and potential long-term consequences. Understanding Florida’s open container law and working with a knowledgeable criminal defense attorney can help protect your rights and driving record.

Understanding Florida’s Open Container Law

Florida law prohibits possessing open containers of alcohol in a motor vehicle. This includes both drivers and passengers. According to Florida statute, an open container is any bottle, can, or other receptacle that contains alcohol and has been opened, has a broken seal, or is partially consumed.

Florida’s open container law applies to:

• Drivers and passengers in moving vehicles
• Vehicle parked in public spaces
• Certain commercial and recreational vehicles
• Situations where an individual is in physical control of a vehicle

While Florida’s open container law is a state law, a city or county ordinance may impose more stringent restrictions, especially in areas with high rates of alcohol-related offenses.

Penalties for Open Container Violations in Florida

An open container violation in Florida is typically punishable as a noncriminal moving traffic violation for drivers, which can lead to fines and points on a driving record. Passengers may also receive open container citations.

Consequences of an Open Container Offense:

• Fines and court costs
• Points on your driver’s license
• Potential impact on insurance rates
• Additional penalties if associated with other alcohol-related offenses

While possessing open containers in a vehicle is usually a noncriminal offense, certain factors—such as repeat violations or additional criminal charges—could lead to stricter penalties.

Defenses Against an Open Container Charge

A Florida open container violation lawyer can challenge your charges based on:

• Location of the container (e.g., locked glove compartment or trunk)
• Lack of possession of an open container
• Questioning whether the container was immediately capable of being consumed
• Whether you were in actual or physical control of the vehicle

Other factors, such as whether the vehicle was parked or whether more stringent restrictions applied due to a county ordinance, can also influence the defense strategy.

Exceptions to Florida’s Open Container Law

While open container offenses apply to most situations, there are exceptions under Florida law, including:

• Passengers in self-contained motor homes (over 21 feet long)
• Party buses, limousines, and other licensed commercial vehicles
• Alcohol stored in a locked glove compartment or another locked part of the vehicle

Understanding these exceptions can help individuals cited for an open container violation build a strong defense.

Learn more about Florida open container violations. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

FAQs About Florida’s Open Container Law

What qualifies as an open container under Florida law?

An open container includes any alcoholic beverage in a bottle, can, or receptacle that has been opened, has a broken seal, or is partially consumed.

Can I keep an open container in my car’s glove box?

Yes, as long as it is in a locked glove compartment or another locked part of the vehicle.

Are passengers allowed to drink alcohol in a moving vehicle?

No. Under Florida’s open container law, passengers cannot drink alcohol or possess an open container in a moving vehicle unless they are in a legally exempt vehicle (such as a limousine or party bus).

Can I be charged with an open container violation if my vehicle is parked?

Yes, if you are in physical control of the vehicle and possess an open alcoholic drink, you can be cited for an open container offense.

What should I do if I receive an open container citation?

Consulting a criminal defense attorney can help you understand your legal consequences and possible defenses, including questioning possession, location, and the application of Florida’s open container law in your case.