Open Container Laws

Analysis of data from the first four states that enacted Open Container Laws found that measures of alcohol-involvement in crashes appeared to decline during the six-month periods following the beginning of enforcement when compared to the same six-month periods one year earlier. These changes were in the direction expected of whether the laws have an impact or not; however, the differences were not statistically significant.

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Open Container Laws:

• Prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage.
• Cover the passenger area of any motor vehicle, including unlocked glove compartments and any other areas of the vehicle that are readily accessible to the driver or passengers while in their seats.
• Apply to all open alcoholic beverage containers and all alcoholic beverages, including beer, wine, and spirits that contain one-half of one percent or more of alcohol by volume.
• Apply to all vehicle occupants except for passengers of vehicles designed, maintained, or used primarily for the transportation of people for compensation or the living quarters of motor homes.
• Apply to all vehicles on a public highway or the right-of-way of a public highway.

Comparisons of crash data showed that states that didn’t have Open Container Laws had considerably greater percentages of alcohol-involved fatal and single-vehicle crashes than the states with partially or fully-conforming laws. Although the differences cannot be credited with certainty to the presence or absence of Open Container Laws, the results of the analysis suggest that conformance with some or all of the six elements of the Federal requirements contribute noticeably to traffic safety.

Further, states that enacted conforming laws in 1999 and 2000 saw the lowest proportion of alcohol-involved fatal crashes of the four categories of states, suggesting that public consideration and subsequent adoption of proposed laws may increase awareness of the issues and lead to safety benefits. Perhaps equally important when considering whether such laws should be enacted, the national survey found that a significant majority of the driving-age public support Open Container Laws, and thus, appears to recognize their value in contributing to traffic safety.

Have you or someone you know been charged because of the open container laws in your state? If so, contact our experienced defense lawyers for violated open container laws in your area today!