FAQs – Ohio DUI/OVI – What Are The Laws for Alcohol in the Car in Ohio?

Open Container Defense Lawyers in Ohio

In Ohio, it is illegal to have an open container of alcohol in a vehicle, with two exceptions discussed below. The law states that “no person shall have in the person’s possession an opened container of beer or intoxicating liquor…while operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.”

It also states that no person shall have an open container of alcohol “while being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.”

Because of guidance from federal law, most states have similar open container laws that, like Ohio’s, usually ban open containers of alcohol anywhere in the entire passenger area of a motor vehicle.

However, a few states allow passengers to consume from alcohol containers while riding in a car (Alaska, Connecticut, Delaware, Missouri, Rhode Island, Tennessee, and Virginia), or allow open containers in a vehicle as long as no one is drinking while in the car (Arkansas and West Virginia).

What Are The Exceptions to Ohio Open Container Laws?

Ohio is not one of the states that has more lax open container laws. Its law is very expansive. It bans open containers for both drivers and passengers and applies even if the vehicle is not being driven and is stationary. The law does have two specific exceptions:

Chauffeured Limousine: A passenger of a chauffeured limo can lawfully drink beer or liquor and possess an open container if:

• the passenger and/or a guest of the passenger has paid a fee pursuant to a prearranged contract, and
• the passenger doesn’t occupy a seat in the front compartment of the limo where the driver is located.

Opened Wine: An opened bottle of wine purchased from an establishment permitted to sell wine is not an open container if:

• the bottle of wine is securely resealed before it is removed from the premises where it was sold, and
• the bottle of wine is stored in the trunk of the vehicle, or if the vehicle doesn’t have a trunk, behind the last upright seats.

How Can an Open Container Affect an OVI Charge?

An open container in your vehicle can impact an OVI charge in Ohio. While simply having an open container doesn’t automatically mean you’ll be charged with OVI, it can raise red flags with law enforcement and contribute to the case against you if you’re suspected of driving under the influence.

An open container can be seen as circumstantial evidence that supports the claim that you were consuming alcohol while driving. This can shift the narrative in the eyes of the law, potentially making it more challenging to defend against the OVI charge.

If an officer stops you and notices an open container, it may give them reasonable suspicion to conduct further sobriety tests, which could include field sobriety exercises and a breathalyzer test. This increased scrutiny makes it more likely that any level of impairment might be detected and prosecuted.

If convicted of an OVI and it’s established that you had an open container in the vehicle, this can be seen as an aggravating factor. Aggravating factors typically lead to stricter consequences, which might include longer license suspension periods, increased fines, or mandatory participation in alcohol education programs. In some cases, it could also affect sentencing decisions regarding jail time or the imposition of probation.

What Happens if I Violate Ohio’s Open Container Law?

If you violate Ohio’s open container law you’re looking at a minor misdemeanor.

Penalties:

• A person who violates the law by possessing an open container of beer or liquor commits a minor misdemeanor, punishable by a fine of up to $150.
• A person who violates the law by actually consuming alcohol in a vehicle commits a fourth-degree misdemeanor, punishable by a fine of up to $250, and up to 30 days in jail.
• If the person who violates the open container law is under 21 years old, they may be charged with underage possession or consumption, a first-degree misdemeanor, and face harsher punishments.

While these penalties are fairly mild, remember that having a conviction for an open container violation on your record can affect your future educational and employment opportunities.

The best way to protect yourself from being charged with an open container violation in your vehicle (or someone else’s vehicle!) is to simply not have any previously opened alcohol containers in the car.

Can I Transport Leftover Alcohol From a Restaurant or Event in My Car?

Transporting leftover alcohol from a restaurant or an event in Ohio requires careful handling to comply with the state’s open container laws.

According to Ohio law, any opened bottle must be resealed properly. For example, if you’re taking home an unfinished bottle of wine from a restaurant, most places will re-cork the bottle and put it in a sealed bag for you.

Even after it’s sealed, though, you still need to store it in a part of the car that isn’t accessible while driving. The safest place to store such a bottle is in the trunk of the car. If your vehicle lacks a trunk, you should store the resealed alcohol in an area that is not readily accessible, such as behind the last row of seats or in another secured compartment.

What to Do About Your Ohio Open Container Law Charges

If you’re facing charges under the Ohio Open Container Law, contact a DUI/DWI lawyer. Legal representation is crucial in navigating the complexities of traffic law and in ensuring that your rights are protected throughout the legal process. A qualified attorney can help you understand the potential penalties and the best legal strategies for your case.

An attorney can help you understand your options, evaluate whether your rights were violated, and possibly get the charges reduced or dismissed. In some cases, law enforcement may not have had proper grounds to stop or search your vehicle, and if that’s the case, your attorney may be able to suppress the evidence.

If it is your first offense and the circumstances are straightforward, your lawyer might suggest negotiating a plea for a lesser charge or even attending an alcohol education program as a form of mitigation.

Contact The Farrish Law Firm, L.P.A., Today

If you have been charged with open container, call today to speak with an experienced criminal defense attorney at 513-549-0611 to discuss your case and fight the charge.

ATTORNEY KELLY FARRISH

Kelly Farrish always knew he wanted to be an attorney, but he the path he took to get there isn’t like most. He served five years in the United States Air Force and did two voluntary years in South Vietnam. When he returned to Cincinnati, he worked the midnight shift as a technician at Cincinnati Bell, all the while attending college full time year round for three years. He graduated Cum Laude from the University of Cincinnati. [ ATTORNEY BIO ]