After someone has reached the age of 21, it is generally not against the law for them to purchase, transport or drink alcohol. However, there are restrictions on this right. For example, Georgia’s open container law makes it illegal for a motorist to possess an open container of alcohol in the passenger area of a vehicle that is on a public highway or the shoulder of a public highway.
In Georgia, an “open container” refers to any bottle, can or other receptacle containing alcohol that is open, features a broken seal or otherwise has had some of its contents removed. Violating the state’s open container law can result in a misdemeanor charge and a fine of up to $200.
If someone who has an open container of alcohol in their vehicle is arrested for allegedly driving under the influence, the presence of that container can result in significant implications for their DUI case. While an open container violation and a DUI charge are separate offenses under Georgia law, the presence of an open container can influence the course of a DUI case in several ways.
Key considerations
The presence of an open container in the vehicle of an allegedly impaired motorist can have a direct impact on how law enforcement and the court perceive their DUI case. For example, an open container can be seen as strong evidence that the driver at issue had been drinking at or near the time of the traffic stop. This can make it more difficult to challenge the DUI charge, as the open container provides physical evidence that alcohol was present in the vehicle and likely consumed by the driver.
Then, if the motorist at issue is convicted of DUI, the presence of an open container can lead to additional penalties, including fines and a longer license suspension. It may also be considered an aggravating factor in sentencing, leading to harsher consequences for the defendant, depending on the broader circumstances of their case.
This is not to say that motorists who are stopped for alleged impaired driving – and who have an open container in their vehicle at the time of the stop – have no options. Seeking personalized legal guidance can help motorists to assess the strongest way to defend against criminal charges given the unique nature of their circumstances.