Los Angeles Open Container Defense Attorney

In Los Angeles, simply having an open container of alcohol in a vehicle, regardless of whether you were drinking or driving, can lead to criminal charges under state law. It is important to remember that it does not matter if you are a driver or a passenger, or if you were drinking alcohol. Merely having an open container in a vehicle is enough to satisfy the statute. Because of the many defenses and legal challenges available, you must have an experienced and aggressive alcohol crimes defense attorney fighting on your side.

California doesn’t have one all-purpose “open-container statute.” Instead, several Vehicle Code provisions work together to prohibit drinking or possessing alcohol (and, more recently, cannabis) in a motor vehicle on a public roadway. The sections most drivers see on a citation are:

• VC § 23221: bans consuming alcohol or marijuana while a vehicle is on a public road.
• VC § 23222(a): bans possessing an open alcoholic beverage container while driving.
• VC § 23222(b): bans possessing an open container of cannabis or loose cannabis flower while driving.
• VC § 23224: upgrades the charge to a misdemeanor if the driver or passenger is under 21 and possesses any alcohol in the vehicle, open or sealed.
• VC § 23225–23226: control where open containers may be stored; the trunk or a locked external compartment is generally safe.
• VC § 23229–23229.1: carve out limited exceptions for vehicles “for hire” (limousines, party buses, chartered shuttles) and for fully self-contained RVs when parked. Open containers are lawful for adult passengers in those settings, but the driver must remain alcohol-free.

These distinctions matter because Los Angeles sees millions of visitors a year in rideshares, party buses, and sightseeing vans. Many visitors are surprised to learn that merely holding a half-finished beer in an Uber can be a violation for them, even if the driver had no idea it was open.

• Any bottle, can, cup, or flask with a broken seal or missing lid.
• A resealed wine bottle with a broken seal has not yet been placed in the trunk.
• A disposable “to-go” alcohol cup from a restaurant if the lid has a straw hole or has been removed.
• Partially consumed mini-bottles are often sold by hotels or on party buses.

The statute focuses on the condition of the container, not whether you consumed the drink. If officers establish that you knew the container was open and within reach, they can issue an infraction.

For most adults aged 21 or over, an open-container stop is an infraction carrying:

• A base fine of up to $250 (court assessments routinely triple that figure).
• A possible DMV notation that insurers can see, which often leads to premium hikes.
• No jail exposure and no automatic license suspension.

When any occupant under 21 possesses alcohol, prosecutors may file VC § 23224 as a misdemeanor. Maximum exposure:

• Up to 6 months in county jail.
• A fine of up to $1,000.
• A mandatory one-year license suspension (with a possible work-restricted license after 30 days).
• Community service or an alcohol-education program as a term of probation.

Cannabis containers trigger a $100 infraction under § 23222(b) unless the product is in the trunk. For Uber and Lyft drivers, any cannabis odor in the cabin can lead to a citation, even if the passenger stepped out with the product, because the driver is deemed to have possession if it remains “within reach.”

Open-container stops frequently snowball into DUI arrests. Officers may detain the driver longer to:

• Administer field sobriety tests.
• Request a Preliminary Alcohol Screening (PAS) breath sample.
• Inspect passengers for open containers (and ID minors).
• Conduct a probable-cause search of coolers, backpacks, or glove compartments.

A driver whose blood-alcohol level ultimately tests below .08 % may still face both a DUI “dry reckless” charge reduced in court and the original open-container infraction. Appropriately challenging the stop's basis or the search's scope can collapse the entire case.

• The Trunk Defense. The statute is not violated if the container was in a locked trunk, a cargo area not accessible from the cabin, a truck bed, or a latched toolbox on a pickup.
• Hired-Vehicle or RV Exception. Adult passengers in bona fide charter vehicles may lawfully possess and drink alcohol, provided no under-21 passenger has access. Police sometimes misapply the rule when a rideshare or charter vehicle stops at the curb. Establishing the driver’s TCP/Livery permit or charter contract can defeat the citation.
• Lack of Knowledge or Control. In crowded vehicles, officers may assume the closest person “possessed” a container. Dash-cam, body-cam, or passenger statements often show someone else holding or placing the drink.
• Illegal Stop or Unlawful Search. An officer needs at least reasonable suspicion for the initial traffic stop and probable cause (or valid consent) to search sealed backpacks or locked compartments. Any evidence located through a Fourth-Amendment violation is suppressible.
• Unopened or Factory-Sealed Container. A cracked label or condensation is not enough. Photographs taken at the curb can prove the seal was intact.
• Private Property. Open-container laws apply on “highways” and areas open to public vehicular travel. A citation issued in a private parking structure or gated community driveway may be defective.

• Citation Issued: If the stop occurred in the Valley, you receive a Notice to Appear with a court date in the Metropolitan Courthouse (1945 S. Hill St.) or Van Nuys.
• Infraction Arraignment: An attorney can appear on your behalf—personal appearance is usually waived for infractions.
• Discovery Request: We quickly demand body-cam footage, radio logs, and police reports; the prosecution must supply them before trial.
• Pre-Trial Negotiation: Where defects exist, we seek dismissal or substitute a no-point Equipment Violation under VC § 4000.
• Trial or Motion to Suppress: If negotiations fail, we set the matter for trial; many cases resolve once the officer or prosecutor recognizes constitutional weaknesses.
• DMV Consequences: Though open-container infractions are not “per-se point” violations, insurers see them. A negotiated dismissal or amendment avoids premium hikes.

• Prosecution Insight. Managing Attorney Michael Kraut spent 14 years as a Deputy District Attorney for Los Angeles County. He knows how the DA’s office evaluates evidence, assigns prosecutors, and prioritizes infractions versus DUIs.
• Harvard-Educated Advocacy. Educated at Harvard Law School, Mr. Kraut pairs elite academic training with two decades of courtroom experience in Southern California.
• Metropolitan Focus. Our offices in downtown Los Angeles, Pasadena, Burbank, and Beverly Hills mean we appear daily in every criminal courthouse from Airport to East L.A. We know local judges’ infraction calendars and individual prosecutors’ policies.
• Suppress or Dismiss Strategy. In open-container cases, a skilled Fourth Amendment motion often ends the prosecution early. In infraction matters, we file and argue suppression motions at no additional cost.
• Comprehensive Defense. If your simple ticket escalates to DUI, minor-in-possession, or a probation violation, we are prepared to handle all related charges under one roof.

Q: “Is an empty solo cup open?”
Yes, if alcohol residue is visible or the officer smells alcohol coming from it.

Q: “Do I get DMV points?”
Technically the DMV can note the infraction, and some insurers treat it like a moving violation. Negotiating a dismissal or an alternate violation is the best protection.

Q: “Can passengers drink beer in a limo?”
Only if the vehicle is properly licensed-for-hire and every passenger is at least 21. The driver must remain sober.

Q: “What about cannabis edibles?”
Edibles with a torn, heat-sealed wrapper count as “open.” Place them in the trunk.

Q: “Will expungement erase the ticket?”
Certain infractions are eligible for dismissal under Penal Code § 1203.4a once the fine is paid. We routinely file those petitions for clients who need a clean record.

An open-container citation may look harmless, but it can trigger insurance spikes, license issues, and snowball into a DUI. Act quickly; dash-cam footage and surveillance video from nearby businesses are often overwritten within days. Contact a Los Angeles open-container defense lawyer at Kraut Law Group Criminal & DUI Lawyers, Inc., for a free, confidential consultation. We will review your citation and arrest.