California’s Open Container Laws: What You Need to Know
November 21, 2025 | Nafiz M. Ahmed
California treats drinking and driving seriously, and that includes its rules about alcohol inside a vehicle. Under California Vehicle Code § 23222, it’s illegal to have an open container of alcohol in a moving or parked car when it’s on a public road. Violations can lead to fines, license issues, and more serious charges if you’re under 21 and/or suspected of DUI.
Learning about how this law works, including when certain exceptions may apply, can help you avoid serious legal consequences down the line.
What Qualifies as an “Open Container” in California?
An open container is any bottle, can, or other receptacle that has been opened, has a broken seal, or has had some of its contents removed. It doesn’t matter if the container still has its cap on; if it’s been opened before, it’s considered “open” under state law.
The law covers alcohol in any form. That means having an open bottle of wine from a restaurant or an unfinished can of beer in your car could still technically count as a violation.
To comply with the law, any open container must be stored in the trunk or another area not normally occupied by passengers.
Who Can Be Charged Under California’s Open Container Law?
Both drivers and passengers can face citations for possessing an open container in a vehicle. This means that so long as it’s within reach of anyone in the car, that could be enough to trigger a violation.
However, certain exceptions exist. For example, passengers in licensed limousines, taxis, or buses may legally possess open containers if the driver is not drinking.
It’s also worth noting that minors face harsher penalties under Vehicle Code § 23224. Anyone under 21 found with alcohol in a car (open or not) can be charged with a misdemeanor, which may result in a suspended license and other consequences.
What Are the Potential Penalties for an Open Container Violation?
Most open container offenses in California are treated as infractions. A first offense typically carries a fine of around $250, although the associated costs may increase depending on the circumstances.
The consequences become more serious if certain factors are present, such as:
- The person is under 21
- The driver is also charged with DUI
- The open container is found in a commercial vehicle
In such cases, penalties can escalate to include probation, community service, and possibly imprisonment.
How an Attorney Can Help in These Circumstances
An open container violation can substantially affect your driving record and insurance rates. If combined with a DUI charge, it can be used as additional evidence of impairment, making your case more difficult to defend.
However, that doesn’t mean you’re without options for fighting back. An experienced criminal defense lawyer can evaluate the facts and details of your situation and argue for a reduction or dismissal of the charges you’re facing as best as they can under the law. Your attorney can appear in court on your behalf and handle negotiations with prosecutors as well.
Contact the Redwood City DUI Lawyers at Ahmed & Sukaram, Criminal Defense Attorneys for Help Today
What might seem like an inconsequential alcohol-related offense can have lasting effects in reality. If you’ve been cited or arrested for violating California’s open container law, Ahmed & Sukaram, Criminal Defense Attorneys is here to protect your rights.
For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500