Understanding the open container law is vital for any driver, and a traffic ticket attorney can provide clarity. California strictly forbids any accessible alcohol or marijuana in a motor vehicle. 

We see many citations issued on SR-99 and I-5 in Kern County. Law enforcement officers frequently watch for these violations during routine traffic stops.

What Defines an Open Container in California?

The law considers any vessel with a broken seal as an open container. 

These containers include bottles, plastic cups, cans, or flasks that have been partially or entirely consumed. Even an empty beer can or a plastic cup with alcohol residue under the seat can lead to a citation. 

Officers on SR-99 and I-5 often look for these items during vehicle searches. The legality of the search should not be assumed by the ticketed driver but should be discussed with a knowledgeable and experienced traffic attorney before deciding to pay the fine or dispute the charge. 

CA Vehicle Code (VC) Section 23222(a) explains the legal standard:

“Nobody shall have in their possession on their person while driving a motor vehicle upon a highway or lands, any bottle, can, or another receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.” 

Subparagraph (b) (1), goes on to add: “…a receptacle containing cannabis or cannabis products, as defined by Section 11018.1 of the Health and Safety Code, which has been opened or has a seal broken, or loose cannabis flower not in a container, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100).

However, that “not more than” amount does not include the ten state and local surcharges and assessments voted on by the California Assembly/Senate and approved by the governor, which could bring the total fine up to $490.

Potential Penalties and the Motor Vehicle Driving Record (MVR)

A violation of the open container law is typically a traffic infraction. 

The driver may face a fine of up to $250, typically $238. However, the true cost often involves points added to the driving record. These points will likely lead to higher insurance premiums for the driver.

For instance, Bakersfield drivers pay an average of $2,925 annually for full coverage auto insurance. After a minor infraction that Traffic Violator School cannot mask, their provider will likely rescind their “good driver’s discount” of 20% and add the inherent risk—typically 10-12%.

That additional 30-32% will continue for up to three years, and cost the driver approximately $2632.50 to $2808 over that three-year period.

However, families with a teen on their policy will pay around 130% more than the California average than those who don’t. 

Fighting the Misdemeanor Open Container Charge

For drivers under 21, the consequences become much more severe. A minor in possession is often charged with a misdemeanor offense. 

A conviction of this offense can lead to a one-year suspension or revocation of the driver's license, a base fine up to $1,000, possible jail time or probation, and two NOTS points on the driver’s MVR. 

“Any person convicted for a violation of subdivision (a) or (b) is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.”—CA VC Section 23224.

Once again, the base fine does not include the surcharges and assessments that could multiply the final amount between three and five times. 

Such a mark on a criminal record will appear on a background check and can impact future employment and college opportunities.

Common Items Deemed Open Containers by Law Enforcement

The following items are most often considered as open containers:

• Bottles of wine with the cork replaced.
• Spirit bottles with a broken seal.
• Open cups or glasses containing any amount of alcohol or residue.
• Flasks or thermoses used to transport mixed drinks.
• Empty containers or cans left in the passenger area.

What is considered the passenger area of a vehicle is often open to interpretation by law enforcement. You should always consult a traffic ticket attorney. These lawyers spend most of their hours in traffic court and know how Kern County judges have ruled on these cases.

Navigating Kern County Traffic Courts

Defending a citation requires knowledge of local Kern County courthouses. 

A traffic ticket attorney understands how to challenge the officer's observations and assumptions. Just because a patrol officer assumes the worst, it doesn’t mean that a traffic court judge will agree.

Bigger & Harman, APC, regularly appear in courts in Bakersfield, Lamont, and other Kern County Courts. Our goal is to prevent a simple mistake from damaging a driving record.

The driver should never assume that an infraction is not worth fighting. 

We examine whether the container was truly "in possession" of the driver or in a passenger area. 

If the alcohol or marijuana was in the trunk, the open container law might not apply. Knowledgeable and experienced traffic ticket lawyers ensure the driver's rights are protected during the process.

Contact Bigger & Harman About a Violation of the Open Container Laws in Kern County

Drivers should consult a traffic ticket attorney immediately following an enforcement stop. 

This is especially true if the driver or passengers were underage without a legal guardian present at the time. Our firm has assisted thousands of individuals with complex traffic matters in Kern County. We work to mitigate the impact of an open container law violation on your future.

Contact Bigger & Harman today at (661) 349-9300 for a free consultation. Marque 859-1177 para Español.

You can also email us at attorney@biggerharmanlaw.com or use our secure website contact form. We serve all local Kern County areas, including Bakersfield, Shafter, Delano, Ridgecrest, Mojave, and Lamont.

❓ Frequently Asked Questions (FAQ) Section

Q: Is it a misdemeanor to have an open container in my vehicle?

A: It depends on your age. If the driver is under 21 years old, it could be a misdemeanor. Always invoke your “right to remain silent and have an attorney present during questioning.”  

Q: Does the open container law apply if the car is parked? 

A: Yes, the law applies to any vehicle on public highways, parking facilities, or lands. Even if the engine is off, having an open bottle can lead to a ticket. California’s open container law applies to all public property. However, an open container in the trunk or a locked compartment that is separate from the driver and passengers is permitted.

Q: Will an open container ticket affect my insurance?

A: Generally, all moving violation convictions, including paid fines, impact your auto insurance premium. 

References:

CA VC Section 23222 & 23224, Offenses Involving Alcohol and Drugs.