California law makes it illegal to drive with an open container
of alcohol.
Now, in order to be cited for open container,
the police do not have to prove that you were drunk,
that you were actively drinking, or even that the bottle cap was
off.
It's enough if the bottle has been opened,
the seal was broken, and it was either partially or entirely
consumed.
An open container violation is usually just an infraction.
That means it's not a crime, and the maximum penalty
is a $250 fine.
Although, with penalty and court costs,
that could be closer to a thousand dollars out the door.
But it's not a crime unless you're underage.
If you're under 21, and you're driving with an open container,
then it's a misdemeanor.
And as such, it could carry up to six months in county jail.
But under any scenario, it will add points
to your driving record, and almost certainly
increase your insurance premiums.
Now a lot of people ask me, if I go out to dinner
and I have a bottle of wine, and let's say we finish half of it.
I want to bring it home.
Is that illegal to carry it in the car?
The answer is, in those situations,
you're allowed to have an open container, as long as it's
in the trunk or a part of the vehicle not normally occupied
by passengers, such as the bed of a pickup,
or a locked container.
Now keep in mind that the glove compartment or a utility
compartment generally do not count.
Moreover, the open container laws
do not apply to buses, taxis, limousines,
house cars, and campers.
Passengers in these types of vehicles, or for hire vehicles
are allowed to have open containers,
but the drivers are not.