DUIs, Public Intoxication, and Open Containers: Understanding California’s Alcohol Crimes

May 11, 2025 | Nafiz M. Ahmed

Just about any crime could be committed while under the influence of alcohol. Certain crimes are specifically related to alcohol, whether it is actually consumed or simply possessed under the wrong circumstances. California law addresses the significant areas of alcohol-related offenses like DUI, public intoxication, and open container laws.

Driving under the influence (DUI) generally refers to operating a vehicle while under the influence of alcohol or drugs. Public intoxication generally means being drunk in public to the point where you pose a risk to public safety. Open containers refer to open containers of alcohol in a vehicle, whether the driver or a passenger.

DUI Laws in California

Driving while under the influence of alcohol can put you and others at great risk, which is why California enacted specific DUI laws. They prohibit driving while actively drinking, driving after becoming legally intoxicated, or doing either as an underage driver.

Those same laws also stipulate how medical personnel and law enforcement may legally test your blood alcohol content (BAC) to determine if you were above the legal limit while driving. California’s legal limit is 0.08% BAC. This limit is 0.04% for commercial vehicle drivers.

While penalties for DUI can range from probation and a fine to multiple years in prison, a much higher fine, loss of license, and mandatory DUI school, depending on the number of DUI offenses and severity, some first-time offenders have options that are not strictly penal. 

California has various programs for first-time DUI misdemeanor offenders, which can place someone in a treatment program rather than simply punishing them with jail time and fines.

What California Says About Public Intoxication

Public intoxication may sound like it applies to anyone who got drunk and walked out into a public space. In California, public intoxication becomes a misdemeanor when someone is so impaired by alcohol or drugs that they either can’t care for their own or others’ safety, or are blocking public ways such as streets or sidewalks.

This also applies to other non-alcohol substances, as defined in § 647(f). Law enforcement has a responsibility to use reasonable force when arresting a publicly intoxicated person and placing them into civil protective custody for screening. As long as the risky behavior has been taken care of and the person can sober up, criminal charges may be dropped.

Open Containers in Vehicles in California

The presence of an open container of alcohol in a vehicle is illegal, regardless of whether the driver is intoxicated or not at the time. An open container may give law enforcement reasonable suspicion to investigate further, but probable cause depends on additional context.

An Attorney Can Help You if You Are Facing Charges for Alcohol-Related Crimes in California

Alcohol crimes like DUIs, open container violations, and public intoxication can result in serious legal consequences, but competent legal representation from a Redwood City DUI penalties attorney could get your life back on course.

Contact our DUI Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free 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