Oklahoma has several alcohol-related criminal offenses. The way you transport alcohol is even criminalized in the state. If you have an open container of alcohol in your possession while driving, you could find yourself in violation of Oklahoma’s open container law.
Understanding these laws, the possible penalties you may be facing, and potential defenses you can raise is paramount to building an effective defense strategy. An experienced DUI defense attorney from Fassio Law can explain your legal rights and options during a confidential case review.
Oklahoma’s Open Container Laws
Oklahoma law prohibits the knowing transportation of alcohol containers that have been opened or have their original seal missing within a vehicle’s interior where it may be accessible to a driver while on a public highway, street, or alley. The law aims to deter drivers from drinking and driving and tries to enhance road safety by reducing the likelihood of drunk driving crashes. However, the law is so broad that it applies to passengers and other individuals.
Okla. Stat. tit. 21 § 1220 says it is unlawful for any person to knowingly transport in any moving vehicle “any intoxicating beverage or low-point beer” except in its original container. Therefore, passengers are prohibited from carrying or drinking alcoholic beverages under this law. The law applies to cars, trucks, and commercial vehicles.
It is also against Oklahoma law, 37 O.S. § 537, for any establishment licensed to sell alcohol to allow a person to leave its premises with an open container of alcohol. Liquor stores, convenience stores, and other stores also cannot allow a container of alcohol to be opened or consumed on their premises.
What Is an Open Container Under Oklahoma Law?
An open container is any low-point beer or alcohol product that is not in its original container and has been opened with its original cap or seal removed or broken. An open container may have its cap opened, its seal broken, or its contents placed in another container. Common examples of open containers include:
- A can of beer with its pop-top opened
- A wine bottle with its cork removed and then re-corked
- A beer bottle with the cap removed and the cap placed back on it
- A tequila bottle with its sealed cap removed
- Any other open bottle, can, or vessel with an open seal containing alcohol
Factory Sealed vs. Open Containers
Alcohol that you just purchased from an alcohol store should be factory sealed and closed. You would have to exert effort to open the container. Oklahoma passed legislation in 2021 allowing restaurants to sell single-serve alcoholic beverages to go.
Transporting this type of drink is legal as long as the container is tamper-proof. This generally means there is a seal that must be removed before the beverage can be consumed. As long as patrons do not break the seal before they arrive at their destination, the container is not “open.”
Exceptions and Special Cases to the Open Container Laws
Even if alcohol is out of its original container or has been opened, there are some legal ways to transport it. The open container law is concerned with the driver being able to access the drink while driving. If the container is in the trunk, the spare tire compartment of a station wagon or panel truck, or an outside compartment that is not accessible to the driver or other person while the vehicle is in motion, it does not run afoul of the open container law.
There are also exceptions for limos, buses, taxis, and similar vehicles for hire. The drivers of these vehicles cannot drink alcohol from an open container, but passengers might. Additionally, passengers in a recreational vehicle (RV), motor home, or camper trailer can consume alcohol while in the living quarters.
Penalties for Violation of Oklahoma’s Open Container Laws
Violating the Oklahoma open container law is a misdemeanor. The offender can be fined up to $500 and sentenced to up to six months in county jail. The court can also impose a special assessment of $100 for the Trauma Care Assistance Revolving Fund and require the offender to pay court costs.
One misconception that many people have about the open container law is believing that only the driver can be cited for this offense. However, the driver and any passengers can be cited for this criminal offense.
Additionally, you can be assessed points on your driving record. Accumulating too many points can lead to increased insurance rates and possible loss of your driving privileges.
While this offense is only a misdemeanor, a conviction can wind up costing you thousands of dollars in the long run and potentially cost you your freedom. It’s essential to work with an experienced criminal defense attorney who can protect your rights during this difficult time.
How an Open Container Violation Can Impact a DUI Case
An open container violation can also impact your DUI case. Having an open container of alcohol while you are driving implies that you were actively consuming alcohol while in control of the vehicle. This can serve as harmful evidence in your DUI case. If police stop you and notice an open container, this can give them probable cause to conduct a search that could uncover even more damaging evidence to strengthen the criminal case against you.
A conviction for a DUI can result in harsher penalties than those for an open container violation, including:
- Incarceration: A first-time DUI offense can result in up to one year in county jail. A second offense can result in up to five years’ imprisonment, while a third or subsequent offense can result in up to ten years in prison.
- Fines: The fine for a first-time offense is $500 to $1,000. Higher fines can be imposed for subsequent offenses or if aggravating circumstances are present.
- License suspension: Most first-time offenders are subject to a mandatory license suspension of 180 days, but longer suspension periods can be imposed for aggravating circumstances or multiple convictions.
- Ignition interlock device: Defendants can be ordered to install and pay for ongoing monitoring services of an ignition interlock device.
- Substance abuse treatment: In some cases, the court orders the defendant to participate in drug and alcohol education and/or participate in counseling.
- Community service: Defendants can be ordered to perform a certain number of community service hours.
- Probation: Many criminal defendants are ordered to probation. If they violate the terms of their probation, such as abstaining from drugs or alcohol or using an ignition interlock device, they can be ordered to fulfill the terms of their original sentence.
How an Open Container Violation Can Lead to Additional Charges
Having an open container can potentially lead to additional charges. As mentioned previously, if an open container of alcohol is in plain sight, law enforcement may have the right to search the rest of the vehicle, which may reveal additional offenses, such as drug possession.
Additionally, 37 OK Stat § 37-8 is the state’s public intoxication law, which applies to a person in a “passenger coach, streetcare, or in or upon any other vehicle commonly used for the transportation of passengers,” among other locations. Public intoxication is another misdemeanor crime in Oklahoma that can result in a fine of up to $100 and jail time of five to thirty days. These penalties are in addition to any other penalties you encounter due to the open container violation.
If you are underage, you could find yourself charged with a minor in possession of alcohol and be subject to additional charges and penalties.
What to Do If You Are Cited for an Open Container Violation
If you receive a citation for an open container violation, here are the steps you should take to protect your legal rights:
- Exercise your right to remain silent: You do not have to talk to the police or give them evidence to use against you. You can politely decline to answer questions and only provide law enforcement officers with your name and driver’s license.
- Do not consent to a search: If police ask you if they can search your vehicle, this implies that they do not have the legal right to search your vehicle or have a warrant. You don’t have to agree to a search. Let law enforcement go through the additional steps of obtaining a warrant. They may not have grounds to do so, and you don’t need to strengthen the case against you.
- Ask for a lawyer: Clearly state that you want to speak to a lawyer. This should immediately end questioning.
Possible Defenses to Open Container Violation Charges
An experienced criminal defense lawyer can carefully review your case to identify possible defenses to raise in your case. Depending on the circumstances, plausible defenses could include:
- Challenging the validity of the stop: Law enforcement must have a reasonable suspicion that you have committed a crime or traffic offense to execute a lawful stop. Even if the officer saw the open container after the stop, this does not justify the initial stop. If your defense lawyer can prove there was no valid reason for the stop, any evidence obtained as a result of the stop could potentially be suppressed, leaving the prosecution with insufficient evidence to prove the case against you.
- Challenging the validity of the search: If law enforcement only found the open container after searching your vehicle, your lawyer may argue the search was illegal if it was conducted without a search warrant or without your consent.
- Arguing lack of knowledge: If you were unaware that the container was in your vehicle or if it accidentally opened during transport, it may be possible to argue that you did not “knowingly” transport the open container.
An experienced attorney can conduct an independent investigation, request dashcam and body camera footage, and uncover other evidence to aid in your defense. In addition to looking for possible arguments to have charges dismissed or reduced, your lawyer can also explore options for negotiating a plea deal to work out an agreement that is in your best interests.
Call Us Today for a Confidential Legal Consultation
If you are facing charges for violating Oklahoma’s open container law, you do not have to deal with this situation alone. An experienced lawyer from Fassio Law can meet with you during a confidential consultation and explain more about how we can help. We have the knowledge and experience to capably handle all aspects of your criminal case. Contact us today to arrange your legal consultation.
