Many people assume that open container laws only apply when you’re behind the wheel, but in Maryland, the rules are a bit more nuanced. You might be surprised to learn that having an open container of alcohol in certain public spaces—or even just in your car, whether you’re driving or not—can carry legal consequences. Understanding when and where open container laws apply is crucial to avoiding fines or criminal charges.
Even if you are sober and weren't the one drinking, having an open alcohol container in the car is a civil offense that carries a significant fine and, more importantly, can trigger a much deeper criminal investigation. This is especially true if you were the driver. Understanding your rights and the law is the first protective step you can take.
If you or a family member has been charged with an open container violation or arrested after an open container was found, you need immediate legal guidance. Don't speak to law enforcement without counsel.
Call MacDonald Law Office, LLC immediately at (410) 348-7809 or reach out through our confidential contact form: Contact Us Today.
The Law Explained: Open Container Violations in Maryland
Maryland law prohibits alcohol consumption by the driver of a motor vehicle on a highway. It also specifically addresses how alcohol can be transported in the vehicle itself. This is often called the "Open Container Law," though the actual law is titled "consumption of alcoholic beverages while operating a vehicle" in the state's Transportation Article.
What Is an "Open Container"?
The law defines an open container as any bottle, can, or receptacle that contains any amount of an alcoholic beverage and is:
- Open or has a broken seal. An alcoholic drink is considered an “open container” if the top of the bottle has been twisted off, the can has been punctured, or the cork has been removed.
- A receptacle from which the contents have been partially removed. Even if the cap is back on, if the seal was broken and some liquid is gone, it is "open."
This applies to wine, beer, and hard liquor. A container is not considered open if it is used to transport alcohol from a restaurant (like a partially consumed bottle of wine that was corked and sealed by a restaurant employee).
How Should I Transport Alcoholic Beverages in My Car?
Maryland law makes it illegal for the driver to have an open container in the car's passenger area. The passenger area includes any space designed to seat the driver or passengers, including the glove compartment.
To legally transport an open container, it must be stored in one of two specific places:
In the trunk of the vehicle.
Behind the last row of seats, if the vehicle does not have a trunk (like a van or SUV).
If you are driving with alcohol in the vehicle and it is open and within easy reach, you are likely in violation of the law.
Why This Violation is More Serious Than a Simple Ticket
While an open container violation is formally a civil offense in Maryland—meaning it's not technically a crime that puts you in jail—it carries serious consequences and can lead to immediate criminal charges.
Financial Penalties and Points
A conviction for a driver having an open container carries a fine of up to $500 and assesses one point on your Maryland driving record. One point may not seem like much, but it can quickly add up with other violations, leading to license sanctions and higher insurance rates.
The Real Danger: Probable Cause for DUI
The most significant risk of an open container violation is that it gives the police a valid reason to start a DUI investigation. When an officer sees or smells an open container, they have probable cause to suspect the driver has been drinking.
This suspicion allows the officer to:
- Ask you to step out of the car.
- Ask you questions about your drinking history.
- Ask you to perform Field Sobriety Tests (FSTs).
This is the point where a minor civil violation escalates into a potentially life-changing criminal arrest for DUI/DWI. Our attorneys understand this critical legal threshold and are prepared to challenge the initial probable cause that led to your eventual arrest. We protect your rights at this urgent stage.
Crucial Steps to Protect Yourself During a Traffic Stop
If you are pulled over and there is an open container in the vehicle, your actions in the next few minutes are vital. Your goal must be to limit the officer's probable cause to expand the investigation.
Here are the key things you should always do:
- Be Polite, Not Talkative: Provide your license and registration politely. Do not offer any extra information about where you were, where you are going, or what the container is.
- Do Not Admit Guilt: Never admit the alcohol belongs to you or that you consumed any of it. Your admission is robust evidence the state will use against you.
- Decline Unwarranted Tests: If the officer asks you to step out and perform FSTs, you are legally allowed to decline. Politely and firmly state: "I respectfully decline to perform any roadside exercises." Refusing FSTs does not carry a penalty, but performing them can be used to build the case that you are impaired.
Remember, your conversation with the officer must be as short as possible to prevent them from gathering enough evidence to justify a DUI arrest.
Possible Strategies to Fight Open Container and Related Charges
If you are charged with driving with alcohol in the vehicle, or if that violation led to a more serious criminal charge, our approach at MacDonald Law Office, LLC is to launch a full investigation immediately.
We focus on challenging the facts and procedures of the police encounter:
Challenging the Initial Stop
We analyze the dashcam and bodycam footage to question whether the officer had a lawful reason to pull you over in the first place. If the initial stop was illegal, any evidence found—including the open container—may be excluded from court.
Proving the Container Wasn't "Open"
The law's definition of "open" can be surprisingly technical. We investigate whether the container was truly accessible or whether the officer simply assumed the seal was broken. For instance, we may argue that the container was behind an obstacle or was properly resealed by a restaurant.
Dismantling the DUI Investigation
If the open container led to a DUI defense investigation, we focus on every detail of that process. We investigate the officer’s administration of the FSTs, the accuracy of the breath test, and the officer’s subjective observations about your driving and demeanor. The presence of an open container alone is not proof of impairment.
Protect Your Driving Privilege and Your Record
A simple mistake like having an open container in your vehicle can create a complicated legal situation that puts your reputation and freedom at risk. When the stakes involve your driving privilege or potential criminal charges, you deserve dedicated legal counsel to assert and protect your rights.
The team at MacDonald Law Office, LLC has extensive experience helping drivers on the Eastern Shore of Maryland navigate the complexities of traffic and criminal law. We are committed to achieving the best possible outcome for you, whether that means fighting a civil infraction or defending you against felony charges.
If you or a family member is worried about a charge related to driving with alcohol in the vehicle, do not face the Maryland courts alone.
Contact MacDonald Law Office, LLC today for a confidential review of your case. Call us now at (410) 348-7809 to learn how we can help protect your rights after facing DUI charges.