California Open Container Laws

One of the misconceptions about open container laws is that they are regulated by the federal government. In actuality, open containers laws are legislated by states and even local municipalities. However, this does not mean that the federal government has no involvement in open container laws.

To help encourage states and local governments to regulate open containers in public and in vehicles, the federal government has created the Transportation Equity Act for the 21st Century (also known as Tea-21). The Tea-21 Act consists of certain guidelines that states can follow when regulating open container laws. If a state follows this act to a tea, (no pun intended) they will receive the full funding for their roadways. When a state chooses not to comply with the guidelines under the Tea-21 Act, part of their roadway funds will be redirected to alcohol awareness programs.

Obviously, most states want to receive this funding so most have complied with the Tea-21 Act.

If you have been arrested for having an open alcohol container, you need legal representation. Depending on the circumstances surrounding your case, you can face harsh penalties. This is especially true if you were arrested for DUI and the police found open alcohol containers in your vehicle. An open alcohol container in California will result in enhanced penalties if you are convicted of DUI.

At The Law Office of Eugene Ellis, we represent clients that have been charged with having an open alcohol container, so please contact us today.