What should I do if I have been pulled over and cited for having an open container in my car?

If you are pulled over and cited for having an open container in your vehicle, you should cooperate with the law enforcement officer but avoid making statements or admissions. Although this is a noncriminal violation, you still need to protect your legal rights and avoid making any statements that could undermine your defense. You also want to avoid getting into arguments or confrontations or making any statements that could lead to more serious legal trouble, such as charges of driving under the influence (DUI). As soon as possible, review the citation you have received and contact BD Law for help determining how to move forward. We offer a free, confidential consultation, allowing you to speak to an experienced attorney at no cost and get your questions answered.

What is Florida’s open container law?

The state’s open container law, established under Section 316.1936 of Florida Statutes, prohibits the consumption of alcoholic beverages while operating or riding in a motor vehicle while it is driving, stopped, or parked on Florida roads. There are certain exceptions, including situations involving passengers of buses or other vehicles operated by commercial drivers with passenger endorsements. Additionally, restrictions apply to drinking alcohol in public places in Florida, including beaches, parks, parking lots, and public streets and sidewalks. Local laws may subject you to restrictions on the type of container permitted, the hours during which you can legally consume alcohol in public, whether the alcohol was legally purchased from a designated business), the amount of alcohol consumed, or the specific location where consumption is permitted.

What counts as having an open container in a vehicle in Florida?

Under Florida law, a container of alcohol is considered “open” if its seal has been broken or it is immediately consumable. Per these guidelines, a bottle of beer with the cap still on, a bottle of wine with the cork still in place, or an unopened can of beer or alcoholic seltzer would not be considered open containers. Generally, the law permits previously opened bottles and containers of alcohol to be transported in vehicles if they are stowed in a locked nonpassenger area of the vehicle, such as a locked trunk or glove compartment. However, a driver or passenger cannot legally travel with an opened bottle in the cupholder, in the passenger’s hands, or elsewhere in the passenger compartment of the vehicle.

What is the penalty for violating the open container law in Florida?

Open container violations are generally noncriminal infractions under Florida law. This charge alone won’t result in jail time. Civil fines imposed for open container violations in Florida typically amount to $60 for a passenger or $90 for a driver. Although these are noncriminal infractions, they are serious traffic violations that can result in accruing points on your driver’s license. With enough points or violations, you could lose your license. There are also financial consequences of convictions for open container violations, such as increased auto insurance premiums due to having points on your license.

Should I hire an attorney for an open container violation, or should I just pay the ticket?

Because this offense can result in accruing points on your license, it’s a good idea to at least discuss with an experienced attorney what consequences you face and what options to fight this charge may be available. Even if you ultimately decide to just pay the ticket, taking advantage of a free consultation with BD Law allows you to make an informed decision and avoid being surprised by unfortunate consequences later. For the purpose of keeping your driving record clear of points and, if you have prior infractions, avoiding license suspension or classification as a habitual offender, it may be worth retaining professional legal counsel and challenging the citation in court.

BD Law/

West Palm Beach Open Container Lawyer

West Palm Beach Underage Drinking Lawyer

Open Container Violation Attorney in West Palm Beach, FL Protecting Your Freedom in Alcohol-Related Offenses in Palm Beach County, Broward County, Martin County, and Throughout South Florida

If you have received a ticket for an open container violation, you need to know that simply paying the fine won’t make this legal trouble go away. For motorists, open container violations can result in having points added to your driver’s license, leading to increased insurance premiums and potentially putting you on the path to license suspension. Many people don’t realize that, by paying the fine, they’re accepting these consequences—but there may be a better approach to this legal issue. Retaining a West Palm Beach open container lawyer can help you minimize the long-term impacts of this offense.

At BD Law, we defend clients accused of traffic offenses, driving under the influence (DUI), and serious criminal violations. Our comprehensive knowledge of Florida law and, specifically, the local legal system in and around West Palm Beach allows us to address legal issues like yours effectively, advocating for outcomes that benefit you. We’re equipped to thoroughly analyze your options, provide guidance through the legal process in the short term, and fight this citation to improve the long-term outcome of this legal matter.

You have nothing to lose by discussing your situation with experienced attorney Brandon Dinetz as part of a free, confidential consultation. During this complimentary case review, our firm can help you understand your legal rights, the potential consequences you could be facing, and whether hiring professional legal counsel makes sense in your situation. Contact us today to get started.

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Understanding Open Container Laws in West Palm Beach, FL

Driving under the influence of alcohol is dangerous as well as illegal, but Florida law goes a step further, prohibiting open containers of alcohol in vehicles and public places.

What Constitutes a Violation of Florida’s Open Container Law?

Under Section 316.1936 of Florida Statutes, it’s illegal to:

Consume alcohol while operating a vehicle on Florida roads
Consume alcohol while you are riding in a vehicle as a passenger on Florida roads
Possess an open container of alcohol while seated in or on a motor vehicle

Even if the car is stopped or parked on public roads, you can be charged with the offense of possessing an open container.

Specifically, a container is considered “open” under state law if it is immediately capable of being consumed or the seal has been broken—for example, if you have removed the cap from a bottle of beer or uncorked a bottle of wine. Generally, open containers are considered to be in the possession of the driver if they are not located in a locked, nonpassenger area of the vehicle, such as a locked trunk or locked glove compartment. For a passenger to be charged with an open container violation, they must be in physical control of the container.

Exceptions to Open Container Restrictions

There are exceptions to Florida’s open container law that apply to passengers in:

Vehicles designed and used primarily for transportation of passengers for payment and operated by drivers who hold a valid commercial driver license with a passenger endorsement
Buses operated by drivers who hold a valid commercial driver license with a passenger endorsement
Self-contained motor homes more than 21 feet in length

Even if your situation doesn’t constitute an exception to Florida’s open container law, there may be a path forward that can lead to a favorable outcome in this legal issue. A West Palm Beach open container lawyer at BD Law can help you understand what’s at stake and how to fight open container violations effectively.

Penalties for Open Container Violations in West Palm Beach

Open container violations are generally charged as noncriminal moving traffic violations for drivers or nonmoving traffic violations for passengers. Although these violations are technically not criminal charges, it’s important to understand that, especially for the driver, their consequences can extend beyond a simple fine.

Under Section 322.27 of Florida Statutes, the state has the authority to impose points on a motorist’s driving record for noncriminal violations, including open container violations. For even a first offense, you could see three points added to your driving record as a result of this charge. Florida’s point system allows for suspension of a motorist’s driving privileges as a result of accumulating 12 or more points. Depending on the number of points accrued, the license suspension could last for a matter of months or as long as one year.

If you have other serious violations in a five-year period, either before or after this issue, having an open container offense on your record can contribute to being labeled a habitual traffic offender. A habitual traffic offender in Florida can have their license revoked and be considered ineligible to apply for a new driver’s license for five years.

Because this offense could contribute to putting your driving privileges at risk, it’s important to take it seriously. The consequences of having points on your license—including facing higher auto insurance premiums—can affect you for years, so merely paying a relatively low fine (generally, $90 for drivers or $60 for passengers for a first offense) may not be enough to put this legal matter behind you. You need skilled legal guidance to work toward a resolution that minimizes the impact on your future.

The Importance of Having an Experienced Open Container Violation Attorney in West Palm Beach, FL

Don’t take any chances with your open container violation case. Although simply paying the fine isn’t advisable due to the impact of having points added to your license, challenging these citations in court can be risky. If you lose, you could face much higher penalties, as well as court costs.

That’s why it’s in your best interests to put your case in the capable hands of BD Law’s experienced open container violation attorney in West Palm Beach, FL. Our firm can review all of the facts of your situation and proceed with a smart, effective strategy customized to your situation. We may be able to help you get charges reduced to less serious infractions (potentially avoiding points on your license) or dismissed entirely. By focusing on the most favorable outcome possible in your specific situation, we can help you address your legal troubles with confidence and move forward.

How BD Law Can Help

BD Law has a proven track record of successfully fighting serious traffic offenses, as well as DUI charges and serious criminal matters. In every case we handle, our goal is to secure the outcome that is most favorable to our client. We achieve these outcomes by:

Analyzing the full facts of your situation
Advising you of your rights, potential consequences, and options for moving forward
Identifying weaknesses in the case against you and strengths and mitigating factors in your favor
Pushing for dismissal of charges if appropriate, based on the facts of your situation
Negotiating skillfully to for reduced charges or penalties if that path serves your best interests
Presenting the most compelling argument in your favor in court if necessary

Although the stakes may not be as high in matters of open container violations as in DUI cases or serious criminal charges, we recognize that having points on your license can impact you in significant ways. We work to minimize the consequences of the charge against you, with a record of securing successful outcomes in cases like yours.

Why Choose BD Law as Your West Palm Beach Open Container Lawyer?

For a West Palm Beach open container lawyer who is respected, results-driven, and prepared to provide excellent client service, choose BD Law. Attorney Brandon Dinetz is ready to fight for you.

Beneficial Relationships Throughout South Florida’s Legal Community

For his skillful representation, strong courtroom presence, and professional excellence, Brandon Dinetz has earned the respect of law enforcement officers, opposing counsel, and judges in West Palm Beach and beyond. Our firm commands respect, and our in-depth knowledge of the local legal system puts us in a strategic position to put up a strong defense for you.

A Focus on Getting Our Clients Results

BD Law has a reputation for securing favorable results for the clients we represent, from matters involving serious traffic offenses to misdemeanor and felony crimes. We work tirelessly to achieve the most beneficial outcome possible for each individual client’s situation, taking into account their goals and priorities and using our full range of negotiation and legal defense skills.

Client-Centered Service and Communications

Even though an open container violation constitutes a noncriminal infraction in Florida, we recognize that this legal issue is still a stressful and challenging situation for you. Throughout your case, we are here to provide guidance and reassurance, answering your questions promptly and allowing you to approach the legal process with confidence. We’re dedicated to providing responsive, empathetic client communication, giving you the peace of mind that comes with knowing what’s going on with your case and how your attorney is actively working to improve the outcome.

Contact a West Palm Beach Open Container Lawyer at BD Law Today for a Free Consultation

When you’re facing an open container violation charge, it’s easy to make a mistake that will impact you for months or even years. To prevent this issue from having a larger influence on your life, you need skilled professional guidance.

You need to understand all of your options and their consequences, including what would happen if you simply paid the ticket and what options you have for fighting the citation. A free, confidential consultation with BD Law allows you to do just that, with no risk and no expense, so you have the chance to make an informed decision before it’s too late.

For help from an open container violation attorney in West Palm Beach, FL, contact BD Law online or call 561-778-5213 today.

If you are pulled over and cited for having an open container in your vehicle, you should cooperate with the law enforcement officer but avoid making statements or admissions. Although this is a noncriminal violation, you still need to protect your legal rights and avoid making any statements that could undermine your defense. You also want to avoid getting into arguments or confrontations or making any statements that could lead to more serious legal trouble, such as charges of driving under the influence (DUI).
As soon as possible, review the citation you have received and contact BD Law for help determining how to move forward. We offer a free, confidential consultation, allowing you to speak to an experienced attorney at no cost and get your questions answered.
The state’s open container law, established under Section 316.1936 of Florida Statutes, prohibits the consumption of alcoholic beverages while operating or riding in a motor vehicle while it is driving, stopped, or parked on Florida roads. There are certain exceptions, including situations involving passengers of buses or other vehicles operated by commercial drivers with passenger endorsements.
Additionally, restrictions apply to drinking alcohol in public places in Florida, including beaches, parks, parking lots, and public streets and sidewalks. Local laws may subject you to restrictions on the type of container permitted, the hours during which you can legally consume alcohol in public, whether the alcohol was legally purchased from a designated business), the amount of alcohol consumed, or the specific location where consumption is permitted.
Under Florida law, a container of alcohol is considered “open” if its seal has been broken or it is immediately consumable. Per these guidelines, a bottle of beer with the cap still on, a bottle of wine with the cork still in place, or an unopened can of beer or alcoholic seltzer would not be considered open containers.
Generally, the law permits previously opened bottles and containers of alcohol to be transported in vehicles if they are stowed in a locked nonpassenger area of the vehicle, such as a locked trunk or glove compartment. However, a driver or passenger cannot legally travel with an opened bottle in the cupholder, in the passenger’s hands, or elsewhere in the passenger compartment of the vehicle.
Open container violations are generally noncriminal infractions under Florida law. This charge alone won’t result in jail time. Civil fines imposed for open container violations in Florida typically amount to $60 for a passenger or $90 for a driver.
Although these are noncriminal infractions, they are serious traffic violations that can result in accruing points on your driver’s license. With enough points or violations, you could lose your license. There are also financial consequences of convictions for open container violations, such as increased auto insurance premiums due to having points on your license.
Because this offense can result in accruing points on your license, it’s a good idea to at least discuss with an experienced attorney what consequences you face and what options to fight this charge may be available. Even if you ultimately decide to just pay the ticket, taking advantage of a free consultation with BD Law allows you to make an informed decision and avoid being surprised by unfortunate consequences later.
For the purpose of keeping your driving record clear of points and, if you have prior infractions, avoiding license suspension or classification as a habitual offender, it may be worth retaining professional legal counsel and challenging the citation in court.