Open Container Laws

In Ohio, it is against the law to carry an open container of alcohol in public. This is a frequently violated offense, and many people receive tickets for it every day, particularly at college and professional football games. If you find yourself arrested for an open container violation, it’s crucial to seek the assistance of a qualified Pittsburgh criminal lawyer.

The definition of open container violations can be found in Chapter 4301.62 of the Ohio Revised Code. Simply put, it prohibits carrying an open container of alcohol, although there are certain exceptions to the rule. For instance, beer and other alcoholic beverages that lead to intoxication are included in the prohibition.

Here are some key points to keep in mind:

• You cannot carry an open container of alcohol in a state liquor store.
• Unless under specific circumstances, you cannot hold a container of alcohol at a location that has received a permit from the division of liquor control.
• It is prohibited to carry alcohol in an open container while driving or being a passenger in a moving motor vehicle on streets, highways, parking lots, or any other areas where cars are allowed to travel or park. This rule applies to both private and public property.
• Holding alcohol in an open container is not permitted while sitting in or on a parked vehicle on streets, highways, parking lots, or anywhere else cars can park or travel, unless certain exceptions apply. This rule pertains to both public and private property.

It’s important to note that there are exceptions to these regulations:

• You can hold an open container of alcohol (such as beer, wine, mixed drinks, or other intoxicating beverages) if it was legally purchased for on-premises consumption.
• Open containers of alcohol are permissible during tastings and samplings.
• Open containers of alcohol can be carried in convention centers.
• Music festivals that last at least three days on a minimum of forty acres of land may allow attendees to carry open containers, subject to the discretion of the permit holder.
• You can possess open or unopened bottles of wine at outdoor performing arts centers, as long as it is during an orchestra performance and permitted by the venue.
• Limousine passengers are allowed to possess an open container, as long as they are not seated in the front with the driver.

Carrying bottles of alcohol that were opened and resealed is restricted to the trunk of your car. Violations of open carry have generally been considered misdemeanor offenses, resulting in fines up to $150 without jail time.

Conversely, the offense of drinking alcohol in a motor vehicle constitutes a misdemeanor of the fourth degree. This offense carries penalties of up to 30 days’ imprisonment or a fine of up to $250, or both.

Though open container violations may appear minor, they can have lasting effects on your life. They saddle you with a criminal record that can hinder employment prospects, impede academic pursuits, and limit housing options. Your personal reputation suffers, and worst of all, your family is affected.

Logue Law Group

At Logue Law Group, we understand the impact an open container violation can have. Our knowledgeable team, 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.