While many states have strict open container laws, Virginia does not explicitly prohibit passengers from having an open container of alcohol in a vehicle. However, if you’re the driver and an open container is found in your car, you could still face severe penalties under Virginia’s open container regulations.
Open Container Law VA
Virginia’s Open Container Law is a crucial regulation that primarily targets the driver, not the passengers. It strictly prohibits the driver from consuming alcohol while driving. As per Virginia Code § 18.2-323.1, the discovery of an open container in the vehicle implies that the driver was drinking. In this context, an open container refers to any bottle or can that has lost its factory seal.
This assumption is made if:
- The open container is in the passenger area.
- Some of the alcohol in the container has been consumed.
- The driver shows signs of drinking, like slurred speech, the smell of alcohol, or behavior that suggests alcohol use.
The passenger area includes:
- The driver’s seat.
- Any space the driver can easily reach, such as the glove compartment.
- Places where passengers sit.
The passenger area does not include the trunk or the space behind the last row of seats in vehicles like vans or SUVs.
While the law explicitly targets drivers, it’s important to note that permitting passengers to drink or carry an open container can still result in an open container charge for the driver. So, it’s essential to be careful and avoid any possible trouble.
What About Cocktails to Go?
During the early months of the COVID-19 pandemic, Virginia restaurants had to close for indoor dining. Even after the restrictions eased, many people still hesitated to return to eating indoors.
To help support struggling restaurants, the Virginia Alcoholic Beverage Control Authority proposed a new law, which the Virginia General Assembly passed. This law allowed restaurants to sell mixed alcoholic drinks, or “cocktails to go,” with take-out meals.
The cocktails-to-go law is set to stay in effect until July 1, 2022. However, the Virginia Alcoholic Beverage Control Authority is conducting a public safety study involving over 40 stakeholders. Depending on the study’s results, lawmakers might decide to extend the law for a longer period or make it permanent.
Since cocktails don’t have original factory seals, they are considered open containers. However, for prosecutors to prove you violated the open container law, they must show that some alcohol has been consumed and that your behavior or appearance suggests you were drinking. If they can’t prove these points, you shouldn’t be convicted.
Penalties Under Virginia’s Open Container Law
Breaking the open container law in Virginia is considered a Class 4 misdemeanor. If convicted, you could be fined $250, but no jail time is involved. However, suppose there is proof that you were DUI. In that case, you may also face a separate DUI charge.
Protect Your Rights If You’re Charged With an Open Container Violation
Don’t face this alone. Get a lawyer to make sure your rights are protected. Even though the fine for an open container conviction is small, pleading guilty can lead to a permanent criminal record. It can impact your job, immigration status, security clearance, or ability to get a loan. Working with an experienced Virginia DUI attorney is essential to build a strong defense, which could result in the charges being reduced or dismissed. To find out how the Law Offices of Krum, Gergely, & Oates can help, call us at (703) 988-3711 or (301) 840-0080 for a free consultation.
