What happens if the police find an open container of alcohol in my car during a DUI stop?

If you're stopped for suspicion of DUI in Key West and the officer notices an open container of alcohol in your vehicle, you may be facing more than just a standard drunk driving charge. Florida law prohibits possessing open containers of alcohol in vehicles, and this offense can lead to additional penalties and complications in your DUI case.

At the Law Offices of Robert David Malove, our experienced DUI defense lawyers help clients throughout Monroe County who are facing charges related to open containers and drunk driving. We understand your challenges and concerns, and we're here to provide the guidance and representation you need to protect your rights and future.

What's Considered an Open Container in Florida?

Under Florida law, it is illegal to have an open container of alcohol in a motor vehicle. Florida. Statute § 316.1936 defines an open container as any alcoholic beverage with a broken seal or that can be immediately consumed. This includes:

• Bottles with opened or broken seals
• Cans that have been opened
• Cups or glasses containing alcohol
• Any other receptacle with alcohol that's not fully sealed

It's illegal to possess an open container in the passenger area of a vehicle on a public road, whether the vehicle is moving or parked. A driver is assumed to be in possession of an open container if it’s in the passenger area.

What Are the Penalties for Open Container Violations in DUI Cases?

If you’re convicted of a first-offense DUI in Key West, you face harsh penalties. These include a fine of between $500 and $2,000, driver’s license suspension, mandatory community service, probation, and using an interlock ignition device if aggravating factors exist.   

When you are charged with an open container violation and a DUI, it can be considered an aggravating factor. You could face enhanced penalties if you’re convicted of DUI, such as:

• Higher fines
• Jail sentence
• Longer driver's license suspension
• More community service hours
• Required installation of an ignition interlock device

The specific penalties will vary based on factors like your prior criminal history and blood alcohol content (BAC) at the time of the offense.

In addition, an open container violation is considered a separate nonmoving traffic violation. You could have to pay a $500 fine and have points assessed against your driver’s license.

Are There Exceptions to Florida's Open Container Laws?

Yes, there are a few exceptions to Florida's open container laws, such as the following:

• Open containers are allowed in a vehicle's locked glove compartment, trunk, or other non-passenger areas.
• Passengers in certain commercial vehicles, like limousines or party buses, may possess open containers. However, rideshare vehicles, like Lyft and Uber, are not included in this exception because their drivers are not considered commercial drivers.

Do the Open Container Laws Apply to Passengers?

Florida's open container laws apply to passengers as well as drivers. If you're a passenger in a vehicle and an officer finds an open container in the passenger area, you can face charges—even if you weren't driving. You would be charged with a nonmoving traffic violation and face the same penalties as the driver.

What to Do if You're Charged with an Open Container Violation and DUI

If you're facing DUI charges with an open container in Key West, you don’t want to make mistakes that make it harder for our DUI defense lawyers to defend you. We recommend that you take the following steps to protect your rights:

• Cooperate with police requests. Comply with the officer's lawful requests, such as providing your license and registration. You don’t want to endanger yourself or face other charges. 
• Remain silent. Don’t answer the officer’s questions. Politely inform the police officer that you are exercising your constitutional right to remain silent. Remember, anything you say can be used against you in court.
• Ask for a lawyer. Request to speak with an attorney before answering any questions. Once you tell the police you want a lawyer, they cannot continue to question you without your attorney being present. 
• Don't discuss your case. Avoid talking about your case with anyone except your lawyer. This includes family members, friends, and cellmates if you're taken into custody. You never know how your statements might be used against you later.

Let the Law Offices of Robert David Malove Help You Fight an Open Container Charge in a DUI Case

Fortunately, you may have strong defenses to fight the open container and DUI charges you face in Monroe County. Here are some of the defenses and strategies our knowledgeable DUI defense lawyers may use in your case:

• Challenge the legality of the traffic stop
• Dispute your actual possession of the open container
• Question the validity of the search that led to the discovery of the alcohol
• Argue that the presence of an open container doesn't necessarily prove you were impaired 
• Present evidence that you didn’t know that the container in your vehicle was open
• Negotiate with prosecutors for reduced charges

At The Law Offices of Robert David Malove, we have a deep understanding of Florida's DUI and open container laws and decades of experience defending clients facing these charges. We know how to build strong defenses to protect your rights and achieve the best possible outcome in your criminal case.