LegalFix
Select your state

Criminal charges

open container

In most states it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. These open container laws vary from state to state and a few states allow a passenger to possess and consume an alcoholic beverage in a motor vehicle.

Open container offenses are usually charged as a misdemeanor or as an infraction, and penalties may include a fine, driver’s license suspension, and jail time.

Open container laws are located in a state’s statutes—often in the penal or criminal code, the transportation code, or the motor vehicle code.

In Ohio, it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway, as per Ohio Revised Code Section 4301.62. This law applies to both drivers and passengers, and the passenger area is defined as any area designed to seat the driver or a passenger, or any area within the driver's reach, including an unlocked glove compartment. Violation of Ohio's open container law is typically charged as a misdemeanor, and penalties can include a fine. However, Ohio law does not include a driver's license suspension or jail time as penalties for an open container violation. It's important to note that some municipalities may have their own ordinances that could impose additional penalties or restrictions.


Legal articles related to this topic