Hickory Open Container Lawyer

Hickory Open Container Attorney

In most cases, North Carolina officers can charge a driver with having an open container of alcohol within their reach— even if they weren’t drinking it, didn’t drink before getting in the car, were parked, or the alcohol belongs to a passenger. If you’ve found yourself in this situation, take proactive action by talking with a Hickory open container lawyer.

Does the Open Container Law Only Apply to Drivers?

In North Carolina, the law prohibits the transportation of any open alcoholic beverage within the passenger area of a motor vehicle in a public roadway or parking area. An open container can be an alcoholic drink with a broken seal, or a beverage is stored within a different vessel. The “passenger area” of the car is an area designed to seat the car’s driver or passengers or any area within the reach of a seated driver or passenger, such as the glove department.

Within vehicles such as a station wagon, hatchback, or similar automobile, the area behind the backseat is not designated as a passenger area. The open container statute applies whether you’re on the highway or a residential street and even if you’re stopped in a parking lot. An exception to this law is if the driver’s blood levels contain no alcohol and their vehicle is for commercial transportation, a motor home, or a house trailer.

Vehicles designed and used primarily for compensation transportation (e.g., buses, taxis), as well as vehicular units designed to provide temporary or permanent living quarters, are protected from the charges of an open container. However, this is only the case if the driver has no blood alcohol content and the alcohol type qualifies for exemption, such as beer, ale, hard lemonade, malt liquor, or unfortified wine.

Open Container Charges and Related Violations

If you are found with an open container in a non-exempt vehicle or with alcohol prohibited in all motor vehicles, but you were not drinking, you may be charged with a non-criminal traffic violation. Alcohol that is always illegal includes mixed drinks, spirituous liquors (e.g., vodka, tequila, bourbon, gin), and fortified wine (high alcohol content), such as sherry or port wine.

This offense is often associated with a fine and won’t include a DWI charge, warranting less serious penalties than if you had been drinking prior to driving or while parked. If you are found with alcohol in your system, even if it’s within the legal limit, while an open container is in the car, you will receive a misdemeanor charge. If you decline the officer’s request for a breathalyzer test or similar screening, this can result in repercussions such as your license getting revoked.

If your blood alcohol content is 0.08 or above, you can be charged with a DWI in addition to open container charges. It’s also possible that the arresting officer will charge you with a DWI, even if your alcohol levels are within legal limits if they determine you to be noticeably impaired. DWI convictions are serious, with penalties including incarceration, a permanent criminal record, loss of driving privileges, fines, and other consequences.

FAQs

Q: Are There Open Container Laws in North Carolina?

A: Yes, North Carolina statute 20-138.7 states that it’s illegal to transport an open container of alcohol within the passenger area of a motor vehicle. Passenger areas include the front seats, backseats, and areas within reach of the driver or a passenger.

Exceptions include the area behind the back passenger seats in vehicles such as a hatchback, station wagon, or similar automobiles. It is unlawful to transport alcohol in these areas within any container other than the unopened manufacturer’s original packaging.

Q: When Is an Open Alcoholic Drink Not Unlawful in NC?

A: Open containers may not be unlawful in Hickory, North Carolina, if the container is in an exempt area of the vehicle or if the driver hasn’t been drinking, is in an exempt vehicle, and the opened alcohol is a qualifying type. Vehicles designed for commercial transportation or for providing living quarters/sleeping facilities may not be charged for this violation; this is only the case if the driver lacks blood alcohol content and the open container is beer, ale, hard lemonade, unfortified wine, or malt liquor.

Q: Is It Against the Law to Drink in Public in NC?

A: It’s not illegal to drink in public, but it is when inside a vehicle, whether parked or not. It’s unlawful to have an open container in the vehicle even if you’re not drinking it, didn’t drink prior to driving, or it belongs to a passenger. This is because officers can’t know whether you drank from the open container, intended to do so, or if the drink truly belongs to someone other than the driver, which can also be hypothetically shared.

Q: Is It Illegal to Drink in the Passenger Seat While Parked?

A: Yes, it is illegal to drink in any passenger area of an automobile while the vehicle is anywhere but your personal residence, as everywhere else is considered a public place. This means that whether you are parked, driving on the highway, or stopped on a residential road, it is prohibited to have an open container or drink while in the driver’s seat, front passenger seat, or backseat. This also applies to passengers other than the driver.

Q: What Is the Legal Punishment for Open Containers in NC?

A: The legal penalties for transporting an open container of alcohol depend on whether you’ve been drinking. Having an open container while there’s no alcohol in your blood will likely result in a fine.

If your blood alcohol levels are within the legal limit, penalties may include a fine, other administrative punishment, and jail time, depending on the circumstances. If drunk, you will be additionally charged with a DWI and face appropriate punishment upon conviction.

Reach Out to Skilled Legal Professionals for Your Open Container Case

By entrusting the experienced defense attorneys at Cody Law Firm with your case, you can rest assured that your future is in capable hands. We can connect you with a kind and skilled lawyer who’s prepared to listen to you, provide insightful counsel, and diligently represent you in court. Schedule a consultation with our office today.