Legal Question in DUI Law in Florida

open container laws in florida

If I am driving and my passenger is drinking alcohol and i get pulled over by the police what is my punishment

Asked on 2/12/08, 8:21 pm

1 Answer from Attorneys

Joseph Vredevelt Best Vredevelt & Associates

Re: open container laws in florida

Florida's open container laws are pretty straight forward. The driver of a vehicle can be charged with an open container violation where alcohol is present and readily available to be consumed. This means that if the bottle is not locked in a glove box, trunk, or is withing the reach of the driver, an open container violation is chargable. Secondly, if a passenger of the vehicle is drinking or has accessible alcohol within his reach, the driver and passenger can be charged with open container. In that situation the driver will be charged with a moving traffic violation and the passenger will be charged with a non-moving traffic violation. Both violations are considered misdemeanors and are punishable by a fine under $500. The only exceptions to this rule are if the driver is a licensed limo driver with a proper class d license, or if the vehicle in question is a motorhome 21 feet or greater in length. Be careful in Florida too, because you could be charged with open container even if you are not in a vehicle. Possession of an alcoholic beverage by any public road is also prohibited and can cost you some money too. Take care, if you have any other questions or concerns call me at 305.670.3119 or email through my website at Sincerely, Joseph P Vredevelt, Esq.

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Answered on 2/13/08, 10:12 am

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