Can Passengers Drink Alcohol in a Car?

Alcohol consumption inside vehicles may seem like a harmless act, but its legality varies widely from state to state. In California, the laws around open containers and alcohol consumption in vehicles are properly defined in order to prevent drunk driving accidents from occurring. While drivers face a variety of strict regulations regarding drinking and driving, passengers are also susceptible to a variety of rules whether the car is in motion or not. The question has to be asked “Can passengers drink alcohol in a car?”, let’s break down the key aspects of California’s law surrounding alcohol consumption within vehicles. 

Is There an Open Container Law in California?

The term ‘open container’ refers to any bottle or can that has been opened, has a broken seal, or contains partially consumed liquids. According to California Vehicle Code 23222, California prohibits the possession of an open alcoholic container in vehicles regardless whether you are a driver or a passenger. Even if the passenger is not consuming any alcohol, both the driver and the passenger can potentially be ticketed for simply having an open container of alcohol in the car if it is within reach. 

The only exception to California’s open container rule is if the opened alcoholic beverage is placed in a location that is unreachable for both passengers and drivers such as the backseat of the car or the trunk. While this is meant to serve as a deterrence for drunk driving accidents, the strict nature of the law is designed to prevent drivers and passengers from operating a vehicle while under the influence.  

Can You Drink in a Parked Car in California?

Drinking in a parked car in California is generally prohibited and can still result in legal consequences. According to California Vehicle Code 23220 and 23221, it indicates that a driver and a passenger cannot consume alcohol or smoke/ingest marijuana or any marijuana product while in a vehicle. These codes are designed to prevent drivers and passengers from consuming alcohol while becoming tempted with the possibility of driving while under the influence. 

While the consequences of alcohol consumption are not as severe compared to drunk driving, law enforcement officers have the discretion to assess the situation and determine whether the people drinking in the parked car could pose a risk of driving a car while under the influence.  

Can You Drink in an Uber in California?

According to Uber’s Community Guidelines, it is not allowed for passengers to drink alcohol in an Uber in California, because it would still violate California Vehicle Code 23222. As rideshare drivers are classified as independent contractors, they use their personal vehicles to transport passengers from one location to another and the Open Container law is applicable to all personal/private vehicles. Passengers who are caught violating the law would face fines and rideshare drivers can also be penalized if they allow their passengers to drink or bring open containers of alcohol in their vehicles. 

In addition, rideshare passengers could lose access to their rideshare accounts and may be subjected to additional fees if they do not properly follow the community guidelines. With that in mind, if you are heading to an event or a party, it’s essential to refrain from consuming alcohol while in the rideshare. 

Can You Drink in a Taxi in California?

Passengers are allowed to drink alcohol in taxis, limos, and party buses in California according to California Vehicle Code 23229. The vehicle code acts as exemption for vehicles that are specifically designed in a way that separates the driver and the passenger(s) in different compartments. With the separation between the two parties, it prevents the possibility of the driver to consume alcohol while they are operating the vehicle.  

In addition, vehicles such as taxis, limos, and party buses typically fall under as commercial vehicles which means that they must follow and implement regulatory requirements such as safety protocols, insurance coverage, and proper licensing in order to operate.

How Much Is an Open Container Ticket in California?

An open container ticket in California can cost anywhere between $100-$250 depending on the severity of the act. If the ticket is not paid within a reasonable amount of time, then you may be subjected to additional fines and penalties. However, it is important to note that minors under the age of 21 are going to be subjected to harsher fines and punishments if they possess an open alcoholic beverage in a car. 

According to California Vehicle Code 23224, minors under the age of 21 will be subjected to a $1,000 fine, the suspension of their driving privileges, the impoundment of their vehicle and six months imprisonment in county jail. However, depending on the severity of the misdemeanor, minors may be able to opt for mandatory community service for their actions, on top of paying fines and fees. Should you or a loved one be subjected to these violations, it is recommended to seek legal representation to ensure that you are being properly represented in the California court system. 

What Should I Do If You Get Ticketed for Drinking in a Car as a Passenger?

If you have been ticketed for drinking in the car as a passenger, it is vital that you pay off the ticket as soon as possible to avoid being subjected to additional fines and penalties. As drunk driving is one of the leading causes of car accidents, these laws are designed to deter people from driving while under the influence. While it may be tempting to drink in a parked car or Uber, these actions can still lead to legal consequences. By understanding the specifics of California’s Open Container laws, you can avoid these penalties and avoid getting involved in a drunk driving car accident. 

However, if you have been involved in a car accident and need legal representation regarding the matter then West Coast Trial Lawyers is here to help you with your case. 

Contact us today by calling (213) 927-3700 or by filling our contact form to schedule a free consultation with our compassionate and talented legal team.