Having an open container in your car does not necessarily mean you are drinking while driving. Perhaps you are transporting leftover beer from a party. Or maybe your friend left unsealed wine in the passenger seat after you dropped them off.
Even if you are not drinking while driving or have no intention to do so, having an open container in your vehicle can get you into legal trouble. Furthermore, if you get pulled over for a suspected DUI, an open container will likely not help your case. Here’s why:
Idaho has a strict open container law
Idaho Code restricts open containers of alcohol in public spaces and vehicles. This law applies to beer, wine, liquor and generally any beverage that you need to be 21 and over to purchase.
Neither you nor your passengers can actively drink from or hold an alcoholic beverage. If you want to transport unsealed alcohol, it must be in your trunk or behind the last upright seat if your car has no trunk.
There are a couple more exceptions to this law. Passengers can drink or hold open containers while in:
- Vehicles for hire, such as party buses, limousines and taxis
- The living area of a recreational vehicle, such as camper vans
Of course, drivers of these vehicles cannot consume alcohol or have open containers near them.
Violating Idaho’s open container rules can result in a misdemeanor, which may include fines or jail time.
An open container can impact a DUI case
Law enforcement officials need probable cause for traffic stops, warrantless vehicle searches and arrests.
If a police officer pulls you over and sees an open container in your cup holder, it may serve as enough probable cause to conduct field sobriety tests and/or a vehicle search—even if you are completely sober.
Keep in mind that an open container in and of itself can result in a charge. If the officer finds evidence of a DUI, you may end up with two charges. In Idaho, DUI penalties can include fines, jail time and license revocation, among others. Of course, the severity of punishment will depend on your case’s circumstances.
If you are facing one or both of these charges, it is advisable to seek guidance from a DUI defense attorney who can help explore all your legal options.