California Open Container Law What You Need to Know

Green bottle

Many people throughout the Rocklin, Roseville, and Lincoln areas have questions regarding California open container laws. They are not alone. There are people around the state that are not clear about what the open container law is or what is included. The more you know about the California open container law the more you can protect yourself and your driving record.

No matter where you live in California it is important that you are aware of the open container laws. Here are some things to know:

  • The open container aspect refers to a container of alcohol where the seal has been broken. It is illegal to have an open container of alcohol in your vehicle at any time. This goes for any cups of alcohol, bottles, cans, or other such containers that are open.
  • While it may seem harmless for you or someone else who is sober, to do the driving, while the passenger drinks alcohol it is illegal. That would be an open container violation and would lead to a fine and point on the driving record.
  • While it is not an infraction that would require going to jail, it can lead to a fine and a point on your driving record. If you are under the age of 21 and have an open container in the vehicle you may find more severe consequence.
  • There are a couple of instances where someone may get an open container violation and be able to avoid penalty. This includes if the open container as in the trunk of the vehicle, or if the police officer did not have a sufficient reason to stop the vehicle in the first place.

Many people think that as long as the driver is not drinking and driving that there are no problems to worry about. But if others in the vehicle are drinking alcohol it is still a violation of the open container law and can get you in hot water. If you do find yourself getting a ticket for an open container be sure to speak with an attorney. While the violation can lead to a point on your record, thus having consequences, an attorney will be able to give you the best possible outcome.

As people drive around the areas of Rocklin, Roseville, and Lincoln it is important to keep mind that California does have an open container law. Knowing this information can help keep you from getting cited with the infraction.

The Law Offices of Terry L. Gilbeau provides personalized counsel to clients in a variety of business and personal matters, including creditors rights, debt collection, products liability and international transaction issues. His office is located in Rocklin, CA, just outside of Sacramento, CA, near Roseville, Lincoln, Auburn, in Placer County and can be reached at (916-626-5539) or email Terry at Click here for the firm website

Written by