Each state has its own idea of what should and should not be allowed when it comes to open alcoholic beverages. Whether you are a Florida resident looking to better understand your rights or are a visitor exploring what the Sunshine State has to offer, drinking responsibly here means getting to know the Open Container Laws.
If you or someone you care about violated a Florida Open Container Law, now is the time to seek legal counsel. Criminal Defense Attorney Brian Gabriel has helped numerous people fight various types of criminal charges throughout South Florida for over 30 years. When you work with Mr. Gabriel, he will handle your case using all the knowledge and skill developed over the span of his triple-decade career.
What Are Open Container Laws?
Open Container Laws are regulations designed to govern the possession and consumption of alcoholic beverages in public places. Their primary purpose is to maintain public safety, prevent disturbances, and uphold order in areas accessible to the general public. Each state has the authority to establish its own Open Container Laws, and these laws may differ in terms of specific provisions and enforcement.
What To Know About Florida’s Open Container Laws
Open Container Laws often make it illegal to possess an open container of alcohol in certain public locations, such as streets, sidewalks, public parks, and parking lots. In Florida, here’s what you should know:
Definition of “Open Container”
An “open container” is legally defined in Florida as any receptacle holding an alcoholic beverage that is immediately capable of being consumed from. This means any drink that has been opened completely or simply has a broken seal. The legal definition encompasses all types of alcoholic drinks, including beer, wine, liquor, and any other alcoholic beverage.
Prohibition of Open Containers in Vehicles
A significant aspect of Florida’s Open Container Laws is the prohibition of open alcoholic containers in motor vehicles. According to Chapter 316.1936 of the Florida Statutes, both the driver and any passenger of a motor vehicle are prohibited from possessing an open alcoholic beverage container while the vehicle is in operation or parked on a public highway. It is essential to remember that even if the vehicle is stationary, possessing an open container inside is still considered a violation.
While Florida’s Open Container Laws regarding motor vehicles are strict, there are certain exceptions to be aware of. Passengers in specific types of vehicles, such as buses, limousines, and recreational vehicles (RVs), are not subject to open container restrictions. Additionally, passengers in vehicles used solely for the transportation of passengers for compensation are exempt from this law.
Penalties for Violations
Violating Florida’s Open Container Laws can lead to legal repercussions. If found guilty of possessing an open container of alcohol in a vehicle, you may face a non-criminal traffic infraction. The consequences may include fines, court costs, and points added to your driving record.
Many Florida beaches and towns prohibit drinking alcoholic beverages in public whether or not you are in a vehicle. Depending on where you are, you could be cited for having an open alcoholic beverage in a public space and face various legal repercussions.
Local Ordinances
Some local ordinances may impose stricter rules or establish entertainment districts where open containers are allowed within specific boundaries. It is prudent to research and familiarize yourself with the specific laws in the area you plan to visit.
Were You Cited For Possessing an Open Alcoholic Beverage in South Florida?
Understanding Florida’s Open Container Laws can help you protect your rights, avoid potential legal troubles, and ensure a safer and more enjoyable experience in the state. However, if you find yourself facing charges for possessing an open alcoholic beverage in public or in a motor vehicle in Florida, do not hesitate to seek legal guidance.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.