Open Container Laws in New Castle

While Ohio’s Open Container laws can be confusing, an experienced lawyer can clearly explain them to you. These regulations are a component of Ohio’s broader OVI laws, established to protect the public from public intoxication and drunk driving. The laws specifically restrict individuals from driving with open bottles or cans, and from carrying them while walking in public spaces.

What the Law Says

In Ohio, no one inside a motor vehicle is permitted to consume alcohol, which includes beer or any other intoxicating liquor. Furthermore, neither the driver nor any passengers are allowed to possess open containers within 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 accessible to the public for parking or transit. A knowledgeable New Castle criminal lawyer can provide further clarification on these specific scenarios.

It is also illegal to carry an open container—such as a cup, bottle, or can—of alcohol in a public place. An exception exists if the person is within a designated zone that holds a specific permit allowing for the public consumption of alcohol.

Exceptions to the Open Container Law

There are specific situations where an open container of alcohol is permitted in vehicles. One instance is within a chauffeured limousine, under the following strict conditions:

• Consumption is limited to the passengers; the driver is prohibited from drinking.
• Passengers cannot consume alcohol if they are seated in the front with the driver.
• A prearranged contract must exist between the passengers and the limousine service, with a fee paid for the service.

The second exception for motor vehicles involves an opened bottle of wine. Similar to the limousine rule, this exception has specific requirements that a New Castle DUI lawyer can detail:

• The wine must have been purchased from a store or establishment licensed to sell it.
• It must be stored in the trunk or an area of the vehicle not typically occupied by the driver or passengers, and out of the driver’s reach. If the vehicle lacks a trunk, the wine should be placed behind the rearmost upright seat.
• The bottle must be resealed securely in a manner that makes it evident if it has been reopened or tampered with.

Exceptions for carrying open containers in public places are outlined below. A skilled New Castle criminal lawyer can help determine if your situation falls under one of these categories.

• Alcohol (specifically beer and liquor) consumed within a designated convention facility.
• Alcohol purchased and consumed at a location holding a permanent or temporary permit for its sale.
• Official wine and liquor tastings.
• Alcohol brought to a music festival, provided the property owner has the necessary permit and has granted permission.
• Alcohol brought to an orchestra performance, if the proprietor holds a permit and allows it.
• Alcohol brought into a racetrack or another motorsports facility, contingent on the owner’s permission.
• Alcohol bought from a vendor in a designated outdoor refreshment area. The vendor must have the proper permit, and you must remain within the specified area.
• Occupying a commercial quadricycle on a road, as long as 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 street or highway with other traffic. Consulting a New Castle DUI lawyer is advisable in these complex situations.

Open Container Penalties

While there are clear exceptions, Ohio law generally prohibits carrying an open container or glass of alcohol in a public place. Possessing an open container of alcohol in your vehicle can also lead to an enhanced sentence for an OVI charge. It is wise to seek advice from a New Castle criminal lawyer if you are facing such a charge.

An open container violation outside of a vehicle is classified as a minor misdemeanor and carries a fine of up to $150.

An open container offense inside a vehicle is a fourth-degree misdemeanor. A conviction can result in up to 30 days in jail and a fine of up to $250.

The legal team at Youngstown Criminal Law Group are experts in defending against OVI-related charges, including open container violations. Call (330) 992-3036 or contact us online to schedule a free consultation.