When it comes to laws on alcoholic beverages, we often think of the age to buy and use alcohol or the laws for drivers who use alcohol while driving. But did you know there is a separate law for open alcohol containers in vehicles?
So, what is open container law? How does open container law apply to drivers and passengers? How much is the fine for this law? Let’s dig deeper in the following article.
Can Passengers Drink in Cars in Florida?
For this question, the short answer is no. Like other states in the United States, Florida prohibits car drivers from using alcoholic beverages while driving. For passengers in the vehicle, Florida Statute 316.1936 applies. This is the Open Container Statute to handle violations of alcohol consumption on vehicles. According to this statute, the open container law is defined as follows:
- Suppose an open container is not in a passenger’s possession and is not kept in a locked trunk, lockable glove box, or other protected non-passenger area of the car. In that case, it is considered in the operator’s possession.
- If an open container is within the passenger’s physical control, it is considered in their possession.
Therefore:
- It is illegal for any individual to drive in this state with an open container of alcohol in their automobile or to drink alcohol while riding as a passenger in a vehicle being driven in this state.
- Drinking alcohol while seated in or on an automobile that is stopped or parked on a road is against the law. You, therefore, cannot have an open container of alcohol on you. Motorhome passengers and occupants of vehicles constructed, maintained, and mainly used for the transportation of people for compensation are excluded.
- You may still be subject to open container law when your vehicle is parked. You may receive a citation for having an open alcoholic beverage in public, depending on the location. Alcohol use is forbidden on many Florida beaches, and you face penalties if you are discovered.
Thus, the state prohibits the consumption of alcoholic beverages by both drivers and passengers, both while driving and parking. Knowing these things will help you avoid problems related to open container law and alcoholic beverages. Let’s learn more about open container law below.
What is Florida’s Open Container Law?
Florida has strict laws around open containers. If the cap is open or the original seal is broken, an alcohol container is considered open. In some situations, someone found in possession of an open container may be charged with a penalty.
According to Florida Statute 316.1936, open container law in Florida applies to the driver and the passengers in the vehicle. In some cases, a broken seal is not illegal. For example, you buy a bottle of wine while having dinner at a restaurant; the bottle has been sealed, and you want to bring it home.
In this case, you can bring the bottle of wine home with the condition that the bottle must be placed in a sealed bag/box with an invoice containing the date of the meal. Additionally, the bag/box must be placed in your car’s trunk or locked glove compartment.
Penalties for Violating Open Container Laws in Florida
In the state of Florida, open container violations are considered civil violations. Penalties for open container offenses include:
- The fine is up to $90 for the first violation for the driver
- The fine is up to $60 for the first violation for the passengers
- If you request a hearing and lose in court, you will have to pay a $500 fine
- Additional charges and an arrest warrant may apply if you do not comply with the summons
- If your violation causes injury or death, you could face higher fines, community service, or jail time.
In addition, violating open container law can also lead to higher insurance premiums in the future due to the impact on your driver’s license points.
How a Fort Walton Beach Attorney Can Help Your Case
Open container law is a law that we rarely notice, so you will need help to grasp every instance of the law. This will make it more difficult for you to assess the severity of your case.
If you are the victim of a case involving open container law, let a Fort Walton Beach personal injury lawyer help you. They will accurately determine your physical, emotional, and financial losses and help you get the highest compensation you deserve. The skilled lawyers at the law firm will stand with you like a family to fight for your rights.
Conclusion
Like everywhere else in the United States, Florida also has strict laws regarding the use of alcoholic beverages while participating in traffic. You can still be fined for violating open container laws as a passenger. Therefore, having a legal representative is necessary to accurately decide your case’s circumstances and the best option for you.
Contact Browning Law today for a free consultation from attorneys with years of experience!
