It’s easier than you might think to be accused of an open container violation. Maybe you’re taking an already opened bottle of wine with you to a friend’s house, or home from a picnic. Or perhaps you aren’t aware of the rules about open containers, and you allowed a passenger in your car to have an alcoholic beverage while you were driving. In most cases, an open container in Georgia simply adds two points to your license, which isn’t a big deal, unless you accumulate 15 or more points in the span of 2 years. If your open container violation came along with a DUI charge, however, you could be in serious trouble.
Georgia prohibits open containers in the passenger area of any vehicle that is on a public highway, and did you know the rule also applies if you’re pulled to the shoulder of a public highway? This is the type of detail you should know to avoid accidentally breaking the law. If you’re charged with a DUI, violation of the open container law makes the state’s case against you stronger, so it’s important to avoid such a violation at all costs.
Here are some facts to know about Georgia’s open container law:
- The open container law doesn’t apply to passengers in a taxi cab, limousine, or bus. In addition, it doesn’t apply to the residential areas of a motor home or house trailer.
- An exception is made for partially consumed wine purchased from a restaurant. The caveat here is that the restaurant must securely reseal the bottle before it’s removed from the restaurant, and give the purchaser a receipt. The bottle must be carried in a locked glove compartment or trunk, or the area behind the last row of seats in a vehicle without a trunk.
- The open container law prohibits not only consumption, but also possession of any open alcoholic beverage container in any part of a vehicle that’s easily accessible. This includes containers in an unlocked glove compartment, and encompasses beer, wine, and distilled spirits containing one half of one percent or more of alcohol by volume.
- Penalties are very strict for underage drinkers. For those under the age of 21, possessing an open container while operating a vehicle can result in a license suspension for 120 days. Even if the minor wasn’t driving, but was in possession of an open container, he or she can still be charged with “Minor in Possession,” which can bring with it jail time and a permanent criminal record.
Open Container Violation Expert Attorney Ray Giudice
If you’re facing the consequences of an open container violation in conjunction with a DUI charge, it’s time to call for help. You need to find the right DUI lawyer, who will aggressively fight to protect your rights and freedom, and who has both the necessary knowledge and expertise to competently represent you in court, and recent jury experience. Atlanta based Raymond Giudice has three decades of experience defending people charged with every type of DUI, and will do whatever it takes to achieve the best possible results for you.
Don’t face DUI and open container charges alone; call Raymond Giudice, the DUI lawyer Atlanta trusts. Contact our office (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.