If you have anopen container of alcohol, you are supposed to put it in the trunk of the car, or in a locked glove box while driving. Anywhere else inside the car could be considered a “passenger area”, including the driver’s seat. As ourMassachusetts OUI lawyerreiterates, it is illegal to drive with an open container in Massachusetts. However, recently, Massachusetts decided that having an open container was not a criminal offense. While in other states, you could getcriminally chargedfor driving with an open container, in Massachusetts, it is now only a civil violation.
What’s the difference between a Criminal Offense and a Civil Violation?
Criminal offenses are acts that are against the law. They result in misdemeanors and felonies which can lead to jail time and fines and also remain on your criminal record. When you are arrested for a crime, it is in your best interest to retain a Massachusetts criminal defense attorney rather than representing yourself in court.
Civil violations are less serious than misdemeanors. While they do involve disobeying a statute or policy, the punishment is usually only a fine and does not go onyour criminal record. There is no finding of guilt or innocence in a civil violation. A civil violation could, however, go on your driving record and affect your insurance.
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What Will Happen if you are Caught Driving with an Open Container?
If a police officer pulls you over and sees an open container of alcohol, you will receive a ticket and have to pay a fine. The fine will likely range between $100-$500 depending on your driving record and if this is your first offense or you’ve previously been cited for driving with an open container. It could also depend on whether you were driving recklessly and why the officer pulled you over.
A police officer whocites you for an open containermight also suspect that you are operating under the influence (“OUI”). If that is the case, the officer might ask you to perform a breathalyzer test or a field sobriety test. If you are arrested then for OUI, later on, if it ever goes to trial, the open container can be used as evidence to show you were operating under the influence.
What if the Driver is Underage?
If the driver is under the age of 21 and is caught driving with an open container, they could be criminally charged withunderage drinking and driving. An OUI charge against a driver under 21 may result in a fine and license suspension for a period of 90 days. If the driver is under the age of 18, they could have their license suspended for 180 days for a first offense, and a year for a second offense.
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Open Container Laws in Massachusetts and Public Consumption
Massachusetts open container laws prohibit the consumption of alcohol in most public spaces, including beaches, local and state parks, campgrounds, playgrounds, public streets, and sidewalks. State law treats public drinking as a civil infraction rather than a criminal offense, typically resulting in a fine rather than arrest. However, individual cities and towns maintain the authority to enact their own ordinances with stricter regulations or to designate specific areas where alcohol consumption is permitted during special events such as concerts, festivals, and sporting events. Additionally, it is illegal to possess alcohol in public school buildings or on school premises, including universities and colleges; many have their own policies on campus drinking that can result in school suspensions, expulsions, and contact with police.
While the act of drinking in public itself may only result in a civil penalty, it’s crucial to understand that alcohol-related behavior can quickly escalate into criminal matters. Disorderly conduct, disturbing the peace, public intoxication that poses a danger to oneself or others, and physical altercations can all lead to arrest and criminal charges. Law enforcement officers responding to public drinking complaints will assess the overall situation, and behavior that threatens public safety or order can result in serious legal consequences beyond a simple fine. Therefore, even in areas where public drinking might be tolerated or result in minimal penalties, maintaining appropriate conduct is essential to avoid criminal liability.
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Schedule a Free Consultation with a Massachusetts OUI Lawyer Today
If you’ve been arrested on an OUI/DUI charge, domestic violence, disorderly conduct, or drug possession, you should speak to an experienced oui attorney in Massachusetts as soon as possible. You can contact us online or call our office directly to schedule your free consultation with one of our top-notch defense lawyers. We have been proudly servicing clients throughout Norwell, Massachusetts, and surrounding areas such as Plymouth, Barnstable, Nantucket, and more.
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