Most states in the U.S. has open container laws which govern alcohol-use in the state. In some states, it may be illegal to even walk down the street with an alcoholic drink in hand, whereas in other states it is only illegal to carry an open container in a car.
Open container laws all have a similar goal. The laws are set to maintain the quality of life for the public in a community and minimize the potential for drunkenness on the streets. The open container laws are also supposed to prevent bus, car, and other motor-vehicle accidents and outlaw the use of alcohol by both passengers and drivers.
The federal law demands that states without open container laws will lose federal transportation subsidies. The laws are an important priority for the federal government and they want to pass this priority on to the states to help keep individuals state. There are several locations which don't have any open-container laws regarding public streets or walkways at all, but the majority of locations in the United States do.
On the Las Vegas Strip, it is legal to possess and consume alcohol in an open container throughout the year, though the container must be plastic on major holidays. The city of New Orleans also allows the consumption of any alcoholic beverage in a plastic container of 16 ounces or less. It is also legal to carry open containers of beer or wine in Fredericksburg, Texas and there are no open container laws in Oregon regarding streets. As well, Memphis Tennessee and Butte, Montana allow people to carry alcohol on the streets.
In some states, there is no state-wide law governing the consumption of alcohol in public, but cities and counties have the right to create their own laws if they see fit. For example, in the state of California there is no state-wide ordinance about open container laws regarding public places, but there can by city and county ordinances that will be enforced. In some states, open container laws are not actively enforced. There are some holidays or celebrations when the law enforcement may consciously choose to avoid arresting offenders because of the spirit of the day. For example, alcohol is typically present at tailgate parties but police normally won't arrest individuals in this context unless they are particularly unruly.
The federal Department of Transportation mandates all open container laws. Individuals are not allowed to have possession of any open alcoholic beverage container or are not allowed to consume any alcoholic beverages in a motor vehicle. These laws also mandate that an open container of alcohol cannot be stored in an open or unlocked glove compartment or in any other area of a vehicle that is readily accessible to the driver or the passengers while they are sitting in their seats.
The open container laws apply to all open alcoholic beverage containers and alcoholic beverages. The container only has to contain one-half of one percent or more of alcohol by volume to be considered an illegal alcoholic beverage. Many people assume that open container laws only apply to drivers, but all passengers are also required to abide by the laws unless they are in a vehicle like a taxi or limousine where the driver is separated from the passengers and they are paying for the transportation.
Despite the fact that these open container laws are federal statutes, only 39 states currently abide by the laws. Alaska, Louisiana, Wyoming, and Tennessee have similar limits on the possession of open containers in vehicles but they are not enforced in the same way that the federal standards are supposed to be enforced. If you want more information about open-container violations or if you have been arrested for an open-container violation then don't hesitate to contact an attorney at the firm today to learn more!
