Legal Question in DUI Law in California

In regards to the open container law: can a person be cited or charged with having an open container in their car, while they are in the car, although not drunk or drinking on private property?

Asked on 11/22/09, 12:06 am

2 Answers from Attorneys

Joshua Hale Hale Law Group

The short answer is yes. The long answer is that it is possible to be charged with a DUI on or off private property.

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Answered on 11/27/09, 12:26 am
Bruce Kapsack Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense

I agree, but this charge can virtually never be proven in court. Unless the can is saved and the substance tested, the contents are not proven. It is hearsay as to what was actually in the can.

It ould be the same as saying any white powder is cocaine; just doesnt work like that. If such a case is set for trial, it usually ends up in a dismissal. This is critical since open container in the car MAY have an effect on the persons drivers license.

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Answered on 11/27/09, 12:29 pm

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