Are There Open Container Laws in Georgia?
Yes. Georgia has open container laws. You probably know that the police can arrest and charge you with a crime if you drink and drive. But what you may not know is that you can also be penalized if the police see an open container of any kind of alcohol in your vehicle, even if your blood alcohol concentration (BAC) is below the legal limit.
Open containers don’t just refer to open cups with lids, bottles of wine, or beer cans. In Georgia, open containers can be any open can, bottle, or other type of container that holds alcohol or has a damaged seal with the alcoholic drink partly removed.
What You Should Know About the Open Container Laws in Georgia
Open container laws were established to decrease DUI incidents. In general, these laws prohibit drivers and certain passengers from possessing open alcohol containers while inside a vehicle. Fortunately, the law provides exceptions that enable people to transport and store their alcoholic drinks to avoid an open container violation.
Drivers and passengers cannot have easy access to open containers, which includes the glove compartment. The laws apply to all alcoholic drinks, including beer, distilled spirits, and wine, and cover any motor vehicle on public highways or rights of way. They also apply to drivers and passengers, except passengers of taxis, buses, limousines, or individuals inside trailers or motor homes.
It’s crucial to note that the police will charge the individual who drinks or possesses the alcoholic drink in the open container; however, the driver will be charged if the vehicle is empty. Additionally, it’s very common to see an open container charge paired with a DUI charge. Note that being charged with an open container violation does not automatically mean that you’ll be convicted of DUI. On the other hand, prosecutors will attempt to leverage an open container violation as evidence of drinking and driving.
What You Should Know About The Penalties for Open Container Violations in Georgia
The police will issue a citation if they find an open container in your vehicle. You will receive a $200 fine, and two points will be added to your license. However, if you refuse to take a breathalyzer test or are intoxicated, the penalties will be increased, including possible license suspension for one year. If you get cited for an open container violation and charged with DUI, you face the following penalties if it’s your first DUI offense:
- Up to a year of jail time
- Up to a year of license suspension
- Fines and court costs of up to $1,000
- $210 fee for license reinstatement
- 40 hours (minimum) of community service
Seek Legal Advice From Our Skilled Georgia Criminal Defense Attorneys Now
If you or a loved one have violated the open container laws or are facing a DUI charge, you must act quickly to mitigate the situation and contact the Georgia criminal defense attorneys at Banks, Stubbs & McFarland. Find out how our Georgia criminal defense attorneys can help and schedule your appointment by calling 770-887-1209 or contacting us online.