In Oklahoma, it’s illegal to have an open container of alcohol in a vehicle’s passenger area. This law is strictly enforced to deter impaired driving, and prosecutors often push hard for convictions. If you’ve been cited or arrested for an open container violation, you should speak with a defense lawyer in Norman as soon as possible. The DUI defense attorneys at Talley, Turner, Stice & Bertman can review your case and explain your options. Our lawyers are ready to protect your rights and help you work toward the best possible outcome.
Under Oklahoma law, an open container is any container containing an intoxicating beverage or low-point beer, except for a beverage in the original, unopened container with the original cap or seal intact. Examples of open containers include:
However, the law exempts an alcohol container other than the original, unopened container or a container without the original cap or seal if a person stores the container in any compartment of a vehicle not accessible to the driver or a passenger while in motion. The law also exempts open containers in the passenger area of a bus or limousine, provided the driver does not have an open alcohol container in their immediate possession.
As a result, a person may violate Oklahoma’s open container laws if they transport alcohol in a container other than its original, unopened container with the original cap or seal in the passenger compartment. Any alcohol not in an original, unopened container must go into a vehicle’s trunk or other compartment that a driver or passenger cannot access while on the move.
Both drivers and passengers in Norman may face prosecution in municipal court for violating Oklahoma’s open container law. Under the law, a driver may face liability for knowingly transporting an open container, while a passenger may also face liability for possessing an open container in a moving vehicle. Law enforcement officers may automatically charge a driver with violating the open container law unless the circumstances demonstrate that a passenger, not the driver, possessed the container, such as when a passenger holds an open container or officers find an open container under the passenger’s seat.
Oklahoma classifies violations of the open container law as a misdemeanor. As a result, a conviction for open container violations in Oklahoma may lead to penalties that include a fine of up to $500, up to six months in jail, or both a fine and jail time. In addition, individuals convicted of open container violations must also pay a special assessment fee of $100 to the Trauma Care Assistance Revolving Fund.
Open container violations often occur in the context of DUI traffic stops, as some intoxicated drivers may carry alcoholic beverages or empty alcohol containers with them while driving. During a DUI stop, police may search a driver’s vehicle for evidence that may prove the driver’s intoxication, such as the presence of open alcohol containers. Such evidence can bolster the prosecution’s case, especially if the police have issues with chemical testing. The presence of an open alcohol container in plain view in a vehicle may also cause an officer to become suspicious of a driver’s potential intoxication, leading them to ask further questions or request a driver submit to field sobriety testing.
When prosecutors in Norman lack compelling evidence of intoxication, such as the results of a breathalyzer or blood alcohol test, having your attorney challenge the admissibility of an open alcohol container or defeating an open container charge may form part of the defense against a DUI prosecution.
Drivers and passengers charged with violations of Oklahoma’s open container law in Norman may have various defenses against the prosecution’s case, such as:
A DUI defense lawyer from the law firm of Talley, Turner, Stice & Bertman can help you determine whether any potential defenses may apply in your open container case.
After the Oklahoma Highway Patrol or another law enforcement agency cites or arrests you for an open container violation, working with a skilled lawyer and taking some specific steps can protect your rights and put you in the best position to address your charges. Things you should do (or not do) after an open container citation include:
Finally, contact a DUI defense attorney from the law firm of Talley, Turner, Stice & Bertman to discuss your options for resolving an open container charge.
Common questions that clients ask the attorneys at our law office about open container laws in Oklahoma include:
Oklahoma considers violations of the open container law misdemeanors, subjecting individuals to penalties that may include fines of hundreds of dollars and potential jail terms of days, weeks, or months.
Passengers may not consume alcoholic beverages or possess open containers in moving vehicles, except while riding in the passenger area of a bus or limousine. A passenger caught with an open container in a personal passenger vehicle may also face an arrest or citation for violating the open container law.
Because Oklahoma law grades an open container violation as a misdemeanor, a conviction for a citation will go on your criminal record, meaning that your ticket may appear during background checks unless you have it expunged from your record.
A driver or passenger may lawfully transport alcohol in a sealed or open container in the trunk of a vehicle, provided that vehicle occupants cannot access the vehicle’s trunk area while on the move.
If Norman police have cited or arrested you for violating the Oklahoma open container laws, you need an experienced lawyer to guide you through the criminal justice process and advocate for your interests. Contact Talley, Turner, Stice & Bertman today for a confidential consultation with a knowledgeable criminal defense attorney from our law firm to discuss your case and learn more about resolving your open container citation under Oklahoma law.
