Transporting an “Open” Container of Alcohol
Transporting an open container of alcohol in your vehicle can lead to criminal misdemeanor charges in Utah. A “container” includes bottles, cans, jugs, flasks, or basically any other item that can hold a liquid. The container is considered to be “open” if its original seal has been broken or if any of the contents have been consumed.
If you are facing prosecution for open container or other criminal charges in Salt Lake, let our criminal defense team help you. Contact us today to schedule an initial consultation.
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Elements of a Salt Lake Open Container Alcohol Charge
Utah’s open container laws apply both to the driver and to passengers in a motor vehicle. Although drivers are the individuals who are most often charged in Salt Lake criminal cases, passengers who are found in possession of an open container of alcohol may also be criminally charged.
A person may also be charged for “allowing” another person to possess, carry, or transport an open container of alcohol in a motor vehicle. Thus, a driver who allows a passenger to bring an open beer can, wine bottle, etc. into the vehicle’s passenger compartment can also be criminally prosecuted.
An “open” container of alcohol is defined under the statute as any container which has had the seal broken or has had its contents partially consumed. This can include a bottle, can, or any other container that actually contains an alcoholic beverage. A container that is completely empty will not support a violation of the Utah open container law.
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Utah’s open container laws apply whether the vehicle is being driven or is parked and immobile. But the open container prohibitions apply only to the passenger compartment of the vehicle.
The vehicle’s passenger compartment is considered to include any areas that are accessible to either the driver or passengers while traveling, and include glove boxes or other utility compartments. The 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 as to whether the rear cargo area of an SUV is considered to be a part of the passenger compartment. Some police officers have declined to cite a driver for open containers found in an SUV’s cargo area. But in most SUV’s, the cargo area can be accessed by a rear-seat passenger. Thus, a person carrying an open container of alcohol in an SUV cargo area may face potential criminal prosecution.
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Penalties for an Open Container Charge in Salt Lake
Open container charges in Utah are typically filed at the class C misdemeanor level. This charge is punishable by up to 90 days in jail plus fines.
A judge also has the option of placing a defendant on probation rather than imposing the full jail sentence. Conditions of probation may include substance abuse counseling, community service, payment of fines, 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?
A person who is carrying EMPTY beer cans or wine bottles to a recycling facility should not face criminal prosecution under Utah’s open container statute. Utah Code 41-6a-526 prohibits the transportation, carrying, possession, etc. of “any container which contains any alcoholic beverage” if the container has been opened.
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The key element here is that the open container must actually contain some alcohol. If the bottles, cans, etc., are completely empty, then transporting such containers in the passenger compartment of a vehicle should not result in criminal open container charges.
Note, however, that Utah’s criminal statutes change from time to time. And the interpretation and application of any criminal statute can depend on subtle differences in the facts of a given case. The information contained in this website should not be construed as legal advice. Instead, consultation with an experienced criminal defense attorney is strongly advised.