Open Container Laws: How These Laws Can Affect A City, Its Community and You
So one day my client asked this question: Are you able to walk
down the road with an open bottle of alcohol in your city? This can
happen to anyone who had only a sip of drink, whether it was a cocktail
or a cup of beer, and who decided to walk out of the bar to the street
which is public space. In such ase, the situation actually depends on
your local and state’s laws regarding open containers. Why
are there open containers laws? Actually, having this kind of law
1 – They can keep the quality of life for residents and businesses
intact, as it keeps people from getting drunk in public and acting
rowdy.
2 – It reduces the possibility of vehicle accidents since it outlaws
drivers and passengers from drinking.
3 – They can maintain the fund subsidies for federal highway
construction. According to federal law, states that have no open
container laws will lose their federal transportation subsidies.
Keep in mind that not all states and cities that laws that forbid
carrying and drinking in public like city parks and sidewalks. For
example: New Orleans and Las Vegas don’t have open container laws on
their books.
What Are Open Container
Laws?
Open Container Law is the restriction of where people are allowed to
drink in public. What constitutes a public place will depend on your
city and state’s laws and how the courts interpret those laws.
Depending on certain court rulings and laws, violations of these open
container laws may happen when a person drinks or has possession of an
open alcoholic bottle while:
- On public sidewalks - Inside parked vehicles
- On front steps or common hallways of apartment buildings
- In mobile homes - On
school property
- In parking lots
- In residential neighborhoods
These laws were created to protect communities from injuries that come
about from drunk drivers and disorderly conduct.
In 1998, Congress passed the Transportation Equity Act for the 21st
Century (or TEA-21) so states would have a financial incentive to
restrict drinking inside motor vehicles. States that fail to implement
open container laws will lose some part of the federal highway
construction funds.
Exceptions To The Open
Container Law
There are seven states that don’t have any open container laws that
forbid drinking an alcoholic beverage in public. In New Orleans, there
are no open container laws. However, people who do drink on the streets
and sidewalks must do so from plastic cups only. It does forbid
drinking in a parking lot. In Las Vegas, public alcohol consumption can
be done from a glass bottle any day of the year except for several
holidays such as Independence Day and New Year’s Eve.
The biggest reason some places don’t have open container laws is to
promote their main trade: tourism. Without these laws, tourists are
encouraged to drink at bars, hotels, restaurants and in certain areas
of the city such as the French Quarter in New Orleans or the Strip in
Las Vegas.
While these cities don’t have open container laws, they do have other
quality of life laws that forbid certain actions such as:
- Public nuisance
- Public urination
- Arguing with police
- Disorderly conduct
- DUI/DWI – If you drink lawfully, don’t drive.
How To Contest Citations
For Open Container Law: What Rights Do You Have
If you or someone you know has received an open container citation, you
can have the opportunity to fight in court.
You should get in touch with a DUI/criminal defense lawyer as soon as
possible to learn how they can help you. Some legal factors the
attorney will go over with you include:
- If you or your loved ones actually were in violation of the
city/state law
- If the arresting officer/police followed the law
- If your conduct constituted a criminal violation
More details of the guideline on Sobriety
Test and protect
yourself