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Open Container Laws
In Ohio, carrying an open container of alcohol in public is illegal. This offense is common, with many people receiving tickets daily, especially at college and professional football games. If you’re arrested for an open container violation, seeking help from a qualified Greensburg criminal lawyer is essential.
Understanding Open Container Violations
Open container laws are defined in Chapter 4301.62 of the Ohio Revised Code. Essentially, it prohibits carrying an open container of alcohol, with specific exceptions. Alcoholic beverages like beer that lead to intoxication fall under this prohibition.
Key Points to Remember:
- State Liquor Stores: You cannot carry an open container of alcohol in a state liquor store.
- Permitted Locations: Unless under specific circumstances, you cannot hold an open container of alcohol at locations with a permit from the division of liquor control.
- Motor Vehicles: Carrying an open container while driving or as a passenger in a moving vehicle on streets, highways, parking lots, or anywhere cars can travel or park is prohibited. This rule applies to both private and public property.
- Parked Vehicles: Holding alcohol in an open container is not allowed while sitting in or on a parked vehicle on streets, highways, parking lots, or anywhere else cars can park or travel, unless specific exceptions apply. This rule also pertains to both public and private property.
Exceptions to the Regulations:
- On-Premises Consumption: You can hold an open container if it was legally purchased for on-premises consumption.
- Tastings and Samplings: Open containers of alcohol are permissible during tastings and samplings.
- Convention Centers: Open containers of alcohol can be carried in convention centers.
- Music Festivals: Festivals lasting at least three days on a minimum of forty acres may allow open containers, subject to the permit holder’s discretion.
- Outdoor Performing Arts Centers: You can possess open or unopened bottles of wine during an orchestra performance if permitted by the venue.
- Limousine Passengers: Limousine passengers can have an open container, provided they are not seated in the front with the driver.
- Resealed Bottles: Carrying bottles of alcohol that were opened and resealed is restricted to the trunk of your car.
Violations of open carry are generally considered misdemeanor offenses, resulting in fines up to $150 without jail time.
Conversely, drinking alcohol in a motor vehicle constitutes a misdemeanor of the fourth degree, carrying penalties of up to 30 days’ imprisonment, a fine of up to $250, or both.
The Impact of Open Container Violations
Though they may seem minor, open container violations can have lasting effects. They result in a criminal record that can hinder employment prospects, academic pursuits, and housing options. Your personal reputation may suffer, and most importantly, your family could be affected.
Logue Law Group
At Logue Law Group, we understand the impact of an open container violation. Our knowledgeable team of Greensburg criminal lawyers, led by Sean Logue, is well-versed in open container and DUI laws. We offer complimentary initial consultations and reasonable rates. Contact us at 844.PITT.DUI and let us help safeguard your reputation.