Your guide to open container laws in Pennsylvania

open container law in pennsylvania

Open container laws in Pennsylvania mean that anyone in your vehicle can cause you to get a ticket. The officer who issues your citation may also suspect you of further crimes, allowing them to detain you, question you, or even obtain a warrant to search your vehicle.

Unlike retail alcohol bottles, open container laws are not airtight. Defendants have several possible defenses, including contesting the stop, challenging the information on the police report, or seeking lesser consequences through a plea arrangement or sentencing leniency request.

Steven E. Kellis, an experienced DUI lawyer in Pennsylvania, can provide legal representation to help you fight criminal charges associated with an open container. Call (267) 314-6693 or contact us online to schedule your free, no-obligation case review today.

What is an “open container?”

Open container laws prohibit the possession of any container with an alcoholic beverage that isn’t fully sealed. An open container has a broken seal, missing cap, or partially depleted contents. This includes a variety of container types, such as:

  • Bottles
  • Cans
  • Jars
  • Flasks
  • Any other vessels capable of holding alcoholic beverages

What do police look for when they suspect an open container violation?

Before police can charge you with violating Pennsylvania’s open container law, they must show that the container was open. Police can use any of the following possible signs as a reason to arrest you:

  • The seal on the container has been broken.
  • The container shows signs of having been previously opened.
  • There is evidence that some of the contents have been removed.
  • The container is missing its original cap or closure.

These criteria make it relatively straightforward for the police to confirm that a container is open. However, this can lead to challenging situations, such as being at risk of a criminal charge for merely transporting a wine bottle that was recorked after dinner if the police deem it insufficiently sealed.

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Enforcement and officer discretion

Police officers are trained to identify potential violations during routine stops or while responding to other incidents. Their procedures are standardized to prevent bias, including how they approach vehicles and interact with occupants. Officers must have a reasonable suspicion of a violation to initiate a stop based on an open container sighting.

Exceptions

Generally, the law permits open containers in specific areas of a vehicle where the driver or passengers cannot access them. These areas include the trunk, a locked glove compartment, or any other space that is out of reach from the passenger compartment. Additionally, open containers are allowed in certain vehicles where passengers are not in control. These include:

  • Limousines
  • Buses
  • Commercial vehicles like taxis
  • The living quarters of motor homes, campers, or recreational vehicles

Legal process and consequences of an open container charge in Pennsylvania

When an individual is cited for an open container violation in Pennsylvania, the legal process involves a series of steps, including issuing a citation. The offender may then be required to appear in court, where penalties can include fines and, depending on the circumstances, a potential impact on the driver’s license. The summary offense is generally considered minor but can escalate with other related charges such as DUI.

Potential impact on your driver’s record

An open container violation can adversely affect an individual’s driving record and, subsequently, their insurance premiums and future employment opportunities, particularly if the job involves driving. Such marks on a driving record can persist, influencing how legal and insurance entities view the individual’s responsibility level.

FAQs about Pennsylvania’s open container law

I didn’t know about the container or realize a passenger had an open container. Can I still be in violation?

Yes. The language of the law allows for the prosecution of any individual with a qualifying open container or who is suspected of having consumed alcohol while on a public road.

We weren’t drinking from the unsealed container, yet I still got charged. Is that allowed?

Saying that you were merely transporting the unsealed container is not a viable defense. If the container is within the passenger area of a vehicle – or easy reach of passengers – then you can be charged. To be safe, place all unsealed alcoholic beverage containers in your trunk. Even then, it is still possible to be charged if the officer argues the beverages were accessible to occupants.

Am I allowed to drink in my car in my own driveway/ a friend’s driveway?

The language of the PA law specifically refers to “a highway in this Commonwealth,” which encompasses all public roads within the state. You may be able to successfully argue that you were not violating an open container law if you were located entirely on private property.

However, suppose you bring this up at the time of your arrest. In that case, the officer may argue that private property boundaries do not extend to the driveway, or they may allege that you are driving under the influence since you had the vehicle’s keys on your person or were otherwise in “actual physical control” of the vehicle. Never argue with the officer at the scene. Ask if you are being detained/arrested; if you are, plead the fifth and request an attorney.

We had alcohol in the back of my SUV/hatchback, and we were charged. Is that allowed?

Unfortunately, vehicles that don’t have an enclosed rear cargo area may cause trouble if you have second-row passengers who can access the unsealed alcohol containers. You may wish to transport unsealed alcohol in something that cannot easily be accessed, such as a zippered bag with a lock on it. Even then, it is at the officer’s discretion to determine what is justifiable for an open container charge, so you may find it best to simply not travel with any container of alcohol for which the seal has been broken.

I was in a licensed for-hire vehicle, so why was I charged?

Technically, Pennsylvania law allows for the consumption of alcohol “in the passenger area of a motor vehicle designed, maintained or used primarily for the lawful transportation of persons for compensation.” This can include taxis, buses, and sometimes even Uber/Lyft vehicles. However, it is advisable to only drink in for-hire vehicles that give you specific permission, such as limousines and party buses. Doing otherwise can directly violate the ride provider’s policies and may prompt an arrest for reasons other than an open container. You may be able to contest the open container laws but still be found in violation of other related laws.

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I was in my camper/travel home/trailer, so why was I charged?

Pennsylvania law also provides an exception for “an individual in the living quarters of a house coach or trailer.” This can mean you can legally drink in your own camper/trailer/travel coach/etc, provided you are in the “living quarters”. You can do so on the property where you are currently parked. Some officers may misunderstand this exception and attempt to charge you for an open container. You can contest the charges later with the assistance of an experienced Pennsylvania criminal defense lawyer.

Will I get arrested if I have an empty beer bottle or an empty disposable cup used for alcohol?

Yes, you can be charged with an open container if the nearly empty container contains trace amounts of alcohol or even alcohol residue. This can create a situation where you put trash in your vehicle to dispose of later, which is an open container violation. It is advisable to thoroughly rinse all alcohol containers before transporting thtransporting them or containingem in a trash bag or other vessel so they are not readily accessible.

Fight your open container charges with Kellis Law Firm

If you face an open container charge in Pennsylvania, Kellis Law Firm is here to help. We offer a free initial consultation to discuss your case and provide skilled legal representation. Contact us today to protect your rights and explore your legal options.