Your Trusted Open Container Attorneys in Dayton, Ohio
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Ohio Open Container Laws
Ohio’s open-container law appears in Ohio Revised Code Section 4301.62. This law defines four terms — “chauffeured limousine”, “street”, “highway”, and “motor vehicle” — by incorporating definitions used in the vehicle code. It then prohibits possession of an opened container of beer or liquor in the following locations:
- Any public place.
- In an agency liquor store.
- On the premises of any liquor permit holder (with certain exceptions).
- While operating, riding, or parked in a motor vehicle on property open to the public for travel or parking.
Can passengers drink alcohol in a car in Ohio? No, although certain exceptions may apply.
Open Container Exceptions
The Ohio Revised Code open container law includes many exceptions in Section 4301.62 (C) that allow open alcohol consumption in the following locations:
- Drinks from a brewery, winery, or other manufacturer consumed on-premises.
- Alcohol from a permitted bar, restaurant, or club for on-premises consumption.
- Alcohol sold under temporary permits for festivals, concerts, and sports events.
- Drinks consumed at convention centers.
- BYOB alcohol at venues with a temporary permit if allowed by the permit holder.
- Alcohol consumed by paid passengers in a chauffeured limousine.
- Wine from a restaurant if the bottle is resealed and stored in the trunk.
- Beer or wine consumed in the rear seat of a commercial quadricycle.
- Alcohol purchased at a farmer’s market and consumed on-premises.
- Alcoholic beverages transported by a restaurant delivery service.
- Drinks consumed by passengers in an airport terminal with a liquor permit.
- Homemade beer or wine served at an event or demonstration.
The exceptions to the open container law are important to your defense.
First, you can’t violate the law if your acts fall within a statutory exception. For instance, is it legal to drink in a limo? Yes, because it falls within an exception to open container law restrictions.
Second, police officers might not have had probable cause to search your vehicle if your actions were legal under the Ohio open container law vehicle exceptions. This argument may persuade a judge to throw out any evidence used to support other charges, such as OVI.
Open Container Penalties in Ohio
An open container violation is a minor misdemeanor. The open container fine cost is $150.
Judges don’t sentence offenders to jail for minor misdemeanors. Instead, the risk of an open container violation comes from the related charges the police and prosecutors can pursue.
If officers allege that they saw you drinking as they approached your car, prosecutors can charge you under Ohio’s prohibition against consuming alcohol in motor vehicles. This law applies to moving and parked vehicles, though it doesn’t apply to limousine passengers.
An even worse situation arises if the police allege that you were driving or in control of a vehicle while intoxicated. This situation could give the police grounds to request a field sobriety or breathalyzer test. If your faculties are impaired or your blood alcohol concentration (BAC) is above the legal limit, they could arrest you for OVI.
