Navigating the roads comes with its own set of rules, and one that often raises questions is the Open Container Law. This law governs the possession and consumption of alcoholic beverages in a vehicle, and it’s crucial to understand its specifics to avoid legal complications.
The Open Container Law in North Carolina is outlined in the NC General Statutes under section “§ 20-138.7. Transporting an open container of alcoholic beverage.”
Whether you’re a driver or a passenger, knowing the ins and outs of this law can save you from fines, license revocation, or even jail time. In this blog, we’ll break down the Open Container Law, its exceptions, and what you need to know to stay on the right side of the law.
What is Considered an Open Container in North Carolina?
In North Carolina, the term “open container” is defined quite specifically to mean any container of alcoholic beverage that has a broken seal or has been opened in any way.
According to section § 20-138.7(f) of the North Carolina General Statutes, “If the seal on a container of alcoholic beverages has been broken, it is opened within the meaning of this section. This means that even if you’ve re-capped a bottle or placed a lid back on a can, it’s still considered an open container if the original seal is broken.
This definition is crucial because it covers a wide range of scenarios.
For example, if you open a bottle of wine at a restaurant and put the cork back in to take it home, that bottle is an open container. Similarly, a flask filled with liquor or a reusable bottle containing an alcoholic beverage also falls under the category of an open container. The law is comprehensive, capturing any situation where alcohol is in a container not in its original, sealed state.
Understanding what qualifies as an open container in North Carolina is essential for anyone who drives or rides in a vehicle. The law aims to minimize the risks associated with impaired driving, and being aware of what constitutes an open container can help you stay compliant and avoid motor vehicle legal complications.
What are the Open Container Laws in NC?
In North Carolina, the Open Container Law is more than just a guideline—it’s a legal requirement that all drivers and passengers need to understand.
According to North Carolina General Statutes, specifically section “§ 20-138.7,” there are clear rules about what you can and can’t do when it comes to alcoholic beverages in a vehicle.
Firstly, driving with an alcoholic beverage in the passenger area that’s not in its unopened, original manufacturer’s container violates the law.
This means that it’s not legal to have an open beer can or a wine bottle with a broken seal in the cup holder or anywhere within reach.
Prohibitions on Alcohol in Motor Vehicles
One of the most critical aspects of North Carolina’s Open Container Law is the prohibition against drivers consuming alcohol while operating a vehicle or having any alcohol in their system.
Open Containers of Alcohol
According to the North Carolina General Statutes § 20-138.7(a), no person shall drive a motor vehicle on a highway or the right-of-way of a highway:
- While there is an alcoholic beverage in the passenger area in other than the unopened manufacturer’s original container and
- While the driver is consuming alcohol or while alcohol remains in the driver’s body.
Let’s consider a few scenarios to understand this law better:
- Driving with a Beer Can: Imagine driving home after a barbecue and having a half-empty can of beer in the cup holder. Even if you’re not actively drinking it while driving, the mere presence of an open alcoholic beverage in the passenger area violates the law.
- Passenger Drinking: If you’re driving and your passenger decides to crack open a beer, you’re both violating the law. Your passenger may not legally possess an open container either. The law applies to the driver and the passenger area, making both parties responsible.
- Going to a Party: You put some snacks in a bag with partially consumed containers of mixed drinks and lay it on the floor on the passenger side. Even though you weren’t consuming alcoholic beverages, you can face state open container law violations. Because you placed “open” containers (broken “seal”) in a place accessible to the driver, you are on the wrong side of the law.
The Open Container Law means that an alcoholic beverage container without a seal can mean criminal charges for you.
Exceptions to An Open Container of Alcohol
There are some exceptions to the possession of an open container laws in NC. For instance, it’s not a violation if the open container is in the passenger area of a vehicle for transporting people for compensation, like a taxi or a limousine.
The same goes for the living quarters of a motor home or a house trailer. So let’s check out some examples of when having open containers of alcohol in the area of any motor vehicles is legal.
- Rideshare Exception: So, let’s say you’re a passenger in a rideshare like Uber or Lyft. In this case, the Open Container Law allows for an exception, and you may consume alcohol. These vehicles are “designed, maintained, or used primarily for the transportation of persons for compensation,” according to section § 20-138.7(a2)(1). The state open container laws do not apply to these types of motor vehicles.
- Motor Home Adventure: Imagine you’re on a road trip in a motor home with your family. Your spouse opens a bottle of wine in the living quarters while you’re driving. According to section § 20-138.7(a2)(2) of the North Carolina General Statutes, this is an exception to the Open Container Law. The living quarters of a motor home are not part of the “passenger area,” so having an open container there is permissible.
- House Trailer Living: Let’s say you’re living in a house trailer, and you have a guest over. Your guest opens a beer can while you’re parked but still connected to your truck. According to the same section § 20-138.7(a2)(3), a house trailer is also an exception to the Open Container Law. In this scenario, having an open container in the house trailer would not violate the law.
Penalties for Violating the Open Container Law in North Carolina
In North Carolina, failing to adhere to the Open Container Law can lead to a series of penalties that could impact your driving privileges and financial well-being.
According to the North Carolina General Statutes, section § 20-138.7:
- Driver’s License Revocation: If you face a conviction of violating open container law, you may face revocation of your driver’s license. However, you may be eligible to apply for a limited driving privilege if you meet specific requirements.
- Moving Violation: A violation of open container laws is a moving violation, which could affect your driving record.
- Infraction: If law enforcement catches you in possession of or consuming alcohol in the passenger area of a vehicle, this is an infraction and not a moving violation.
It’s also worth noting that if facing a conviction of both violating the Open Container Law and an offense involving impaired driving from the same incident, the punishment will not exceed the maximum penalty for the impaired driving offense.
Awareness of these penalties is crucial for anyone who drives or rides in a vehicle in North Carolina. Violating the Open Container Laws can result in fines, license revocation, and even contribute to more severe penalties if you’re also face charges with impaired driving.
An Experienced DWI Criminal Defense Attorney Can Help
At Scharff Law, we understand the complexities of North Carolina’s Open Container and DWI laws. The legal system can feel daunting, especially when facing charges that could result in severe penalties like license revocation or hefty fines.
Our team of seasoned criminal defense attorneys is here to guide you through every step of the legal process, from understanding the charges against you to representing you in court.
We dissect the details of your case to build a strong defense strategy. Whether you’re dealing with an Open Container violation, a DWI charge, or both, we’ll thoroughly review the evidence, question the validity of traffic stops and sobriety tests, and challenge any procedural errors that could work in your favor. We aim to protect your rights and secure the best possible outcome.
Don’t underestimate the importance of expert legal representation when facing charges related to Open Container or DWI charges.
Scharff Law provides the legal support you need to navigate these challenging circumstances. Reach out to us for a consultation and take the first step toward safeguarding your future.
