Roman Austin Car Accident and Personal Injury Lawyers | May 13, 2025 | Car Accidents
Florida’s open container law makes it illegal to possess or consume alcohol in an open container while operating or occupying a motor vehicle. This law applies to both drivers and passengers and is strictly enforced throughout the state. Violating the open container law can result in fines, citations, and other legal penalties.
Overview of Florida’s Open Container Law
Florida Statute § 316.1936 prohibits the possession of an open container of alcohol in a vehicle, regardless of whether the vehicle is in motion or parked. An open container is defined as any alcoholic beverage that is either not in its original packaging or has been partially consumed.
According to the statute, drivers and passengers are prohibited from consuming alcohol or possessing open containers in any part of the vehicle accessible to the driver. Open containers must be stored in a locked glove compartment, trunk, or an area not typically used for passenger seating.
Exceptions to the Open Container Law
There are several exceptions to Florida’s open container law, including:
- Passengers in commercial vehicles like limousines, taxis, or buses can legally possess open containers of alcohol.
- Individuals may legally possess open containers in the living areas of motorhomes or RVs.
- The open container law does not apply to vehicles parked on private property, such as a driveway or private lot.
These exceptions recognize that open containers of alcohol may carry less risk in certain settings.
Penalties for Violating the Open Container Law
The penalties for violating Florida’s open container law vary based on whether the offender is the driver or a passenger.
A driver found in possession of an open container can be cited for a non-criminal moving violation, resulting in a fine of up to $90. A passenger found with an open container will typically face a non-criminal infraction and a fine of up to $60. A party that chooses to challenge their citation could face additional court costs.
In certain cases, a violation may lead to more severe consequences if the driver is found to be under the influence of alcohol or other controlled substances.
Open Container Laws and DUI Charges
While a violation of the open container law is generally a non-criminal offense, it can escalate to a DUI charge if the driver is found to be under the influence. Law enforcement officers may use the presence of an open container as probable cause to conduct a field sobriety test or a breathalyzer test.
If the driver’s blood alcohol concentration (BAC) exceeds the legal limit of 0.08%, they can be charged with DUI, which carries harsher penalties, including license suspension, fines, and potential jail time.
If the driver causes a car accident, they may face civil actions in addition to criminal penalties. Victims of the accident may be entitled to file a personal injury lawsuit against the driver to recover damages for medical bills and other losses. An open container and DUI could provide evidence of negligence on the part of the driver.
Staying Informed and Protecting Your Rights in Clearwater, FL
If you’re planning to drive or ride in Florida, it’s important to be aware of the open container law and its consequences. Whether you’re a driver or a passenger, understanding where and when you can legally have alcohol in your vehicle can help you avoid penalties.
Always ensure that open containers are stored in compliance with the law, and remember that violations can lead to fines and other serious charges, especially if they are tied to DUI offenses. Being informed can protect both your legal rights and your safety.
Contact the Clearwater Car Accident Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with a car accident lawyer in Clearwater. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Car Accident and Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Car Accident and Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Car Accident and Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Car Accident and Personal Injury Lawyers – St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers – Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500