Open Container Laws in Mercer

While the rules can seem complicated, an experienced lawyer can clearly explain Pennsylvania’s Open Container laws to you. These regulations are a component of Pennsylvania’s broader set of DUI laws, designed to enhance public safety by discouraging public intoxication and drunk driving. The laws specifically prohibit driving with open bottles or cans of alcohol, as well as walking with them in public areas.

What the Law Says

Under Pennsylvania law, no person within a motor vehicle is permitted to consume alcohol, whether it’s beer or any other intoxicating beverage. Furthermore, neither the driver nor any passengers are allowed to possess an open container of alcohol inside the vehicle. This regulation applies regardless of whether the vehicle is moving on a street, stationary on a highway, or located on public or private property that is generally accessible to the public for parking or transit.

Additionally, carrying an open container of alcohol—be it a cup, bottle, or can—in a public space is illegal. An exception exists if the individual is within a designated zone that holds a specific permit allowing for the consumption of alcohol. A skilled Mercer criminal lawyer can help clarify the specifics of these designated areas.

Exceptions to the Open Container Law

There are specific situations where an open container of alcohol is permissible in a vehicle. One notable exception involves a chauffeured limousine, but it comes with strict conditions:

• Consumption is limited to passengers only; the driver is strictly prohibited from drinking.
• Passengers cannot consume alcohol if they are seated in the front with the driver.
• There must be a pre-existing contract and a paid fee between the passengers and the limousine service owner.

A second exception for motor vehicles pertains to an opened bottle of wine, which is also subject to several conditions:

• The wine must have been bought from a licensed store or establishment.
• It must be stored in the trunk or another area of the vehicle not typically occupied by the driver or passengers, and out of the driver’s reach. In vehicles without a trunk, the bottle should be placed behind the rearmost upright seat.
• The bottle must be securely resealed in a manner that makes it obvious if it has been reopened or tampered with.

Exceptions for carrying open containers in public places are also clearly defined. If you find yourself in a difficult situation, consulting a Mercer DUI lawyer can provide essential guidance. The exceptions include:

• Beer and liquor consumed within a convention facility.
• Alcohol purchased and consumed at a location holding a permanent or temporary sales permit.
• Participation in wine and liquor tastings.
• Alcohol brought to a music festival, provided the property owner has the required permit and has given consent.
• Alcohol brought to an orchestra performance, under the condition that the venue proprietor has the necessary permit and has granted permission.
• Alcohol brought into a racetrack or other motorsports facility, as long as the owner permits it.
• Alcohol purchased from a vendor within a designated outdoor refreshment area. The vendor must have the appropriate permit, and you must remain within the specified area.
• Occupying a moving commercial quadricycle, provided you are not in the front seat, do not possess more than 36 ounces of beer or 18 ounces of wine, and are not on a public road with other traffic. A Mercer criminal lawyer can offer more detailed information on these specific scenarios.

Open Container Penalties

Despite the various exceptions, Pennsylvania law generally forbids carrying an open container or glass of alcohol in a public place. If an open container of alcohol is found in your vehicle, it can lead to a more severe sentence for a DUI charge. It’s wise to contact a Mercer DUI lawyer if you are facing such charges.

An open container violation outside of a vehicle is classified as a first-degree misdemeanor, which carries a fine of $150.

An open container violation inside a vehicle is considered a fourth-degree misdemeanor. A conviction can result in up to 30 days in jail and a fine of $250.The Logue Law Group specializes in defending clients against DUI-related charges, including open container violations. A knowledgeable Mercer criminal lawyer from our team can assist you. Call 412.389.0805 or contact us online to schedule a free consultation.