Open Container Charges In Utah

A conviction for possession of an open container of alcohol in a vehicle is not as serious as a DUI. Utah law still classifies the offense as a misdemeanor which can result in criminal charges punishable by jail time and substantial fines.

If you have been charged with possession of an open alcohol container, an experienced criminal defense attorney can help give you the best chance of success in defending your rights. Contact us today to see how our criminal defense team can help you.

Elements of an Open Container Charge in Utah

Utah’s open container laws apply to both passengers and drivers. Although drivers are most often charged, a passenger who is found to be in possession of an unsealed bottle or can with alcohol may also be criminally charged.

The statute also makes it a crime to “allow” another person to possess, carry, or transport an open container of alcohol in a motor vehicle. A driver who knowingly allows a passenger to bring a beer can, wine bottle, etc. into the vehicle can also be criminally prosecuted.

Under Utah law, a prosecutor does not have to show evidence that anyone was drinking while in the vehicle. Evidence that the container was simply “open” is enough to support a charge.

A container of alcohol is defined as being “open” if it has had its seal broken or if the contents are partially consumed. This can include a bottle, can, or anything that actually contains an alcoholic beverage. If the bottle, can, etc. is completely empty is not a violation.

Utah’s open container laws apply whether the vehicle is being driven or is parked and stationary. The law further applies on private property, parking lots, as well as roads. Even if your car is parked at home in the driveway, charges can still be filed.

The statute in Utah applies only to the passenger compartment of the vehicle. Accessibility is the key factor in determining what parts of a car or truck are treated as being part of the passenger compartment.

Any areas that are accessible to either the driver or passengers while traveling, including glove boxes or other utility compartments, are considered to be part of the passenger compartment. The definition of a passenger compartment does not include a trunk or other areas that are not accessible to the driver or passengers while inside the vehicle.

There is a split of opinion among some Utah prosecutors and judges (and police officers) as to whether the rear cargo area of an SUV is considered to be a part of the passenger compartment. Some police officers will decline to cite a driver for containers found in the cargo area of an SUV. But in a typical SUV, the cargo area can be accessed by a rear-seat passenger.

With that ambiguity, there is still some risk of being prosecuted based on alcohol found in an SUV cargo area. The best practice would be to avoid carrying any unsealed bottles in the cargo area.

Penalties for Conviction

Violations are typically filed at the class C misdemeanor level. This charge is punishable by up to 90 days in jail plus fines. A judge may place a person on probation rather than imposing the full jail sentence. Conditions of probation may include substance abuse counseling, community service, and other requirements found by the court to be appropriate.

Can I carry empty beer cans or wine bottles in my car to be recycled?

Transporting EMPTY beer cans or wine bottles to a recycling facility should not be treated as a criminal offense. Utah Code 41-6a-526 makes it a crime to transport, carry, possess, etc. “any container which contains any alcoholic beverage” if the container has been opened. A key element of the charge is that the open container must actually contain some alcohol. If the bottles, cans, etc., are completely empty, then transporting cans or bottles in the passenger compartment of a vehicle should not result in criminal charges.