Open Container Laws

In Pennsylvania, carrying an open container of alcohol in public is illegal. Despite the law, it happens frequently, especially during sporting events like college or professional football games. Tickets are issued daily for these violations. If you find yourself facing charges for an open container violation, it is essential to get legal help from an experienced criminal defense attorney.

Understanding the Law

The rules regarding open container violations in Pennsylvania are strict. Essentially, the law prohibits anyone from possessing an open container of alcohol in most public spaces. This includes beer, wine, spirits, and any other beverage that can cause intoxication. While the concept seems straightforward, there are specific nuances and exceptions to understand. A Harrisburg DUI attorney can help clarify how these laws apply in specific situations.

Key Restrictions

Here are the main prohibitions you should be aware of:

• State Liquor Stores: You cannot carry an open container of alcohol inside a state liquor store.
• Permitted Locations: Unless specific circumstances apply, you cannot hold an open alcohol container at a location that has a permit from the liquor control board.
• In Vehicles: It is illegal to have an open container of alcohol while driving or as a passenger in a moving vehicle. This applies to streets, highways, parking lots, and any area where cars travel or park. This rule covers both public and private property.
• Parked Vehicles: Holding an open container is also prohibited while sitting in or on a parked vehicle in similar locations, unless a specific exception applies.

If you are facing charges related to these restrictions, consulting a Harrisburg federal criminal lawyer can help you navigate the complexities of your case.

Exceptions to the Rule

While the general rule is strict, there are specific situations where open containers are allowed:

• On-Premises Consumption: You can hold an open container (beer, wine, mixed drinks) if it was legally purchased for consumption on the premises, such as at a bar or restaurant.
• Tastings and Samplings: Open containers are permitted during authorized alcohol tastings and samplings.
• Convention Centers: Attendees at convention centers may carry open containers in designated areas.
• Music Festivals: Large music festivals (lasting at least three days on a minimum of forty acres) may allow open containers, depending on the permit holder’s rules.
• Performing Arts Centers: You may possess open or unopened wine bottles at outdoor performing arts centers during specific events, like orchestra performances, if the venue permits.
• Limousines: Passengers in a limousine, bus, or taxi are generally allowed to possess an open container, provided they are not in the front seat with the driver.
• Resealed Bottles: If you have a bottle of alcohol that was opened and then resealed, it must be transported in the trunk of your car.

Violating these open container laws generally results in a summary offense, which may lead to fines and costs, though jail time is less common for simple possession. However, having a Harrisburg DUI attorney review your situation is wise, as related charges often accompany open container violations.

Penalties and Consequences

The severity of penalties depends on the specific nature of the offense. For instance, drinking alcohol within a motor vehicle is treated more seriously than simply carrying a container on the sidewalk. This can be classified as a misdemeanor, carrying potential penalties of up to 30 days in jail, fines up to $250, or both.

Although an open container ticket might seem like a minor inconvenience, it can have long-lasting negative effects. A conviction creates a criminal record, which can:

• Hinder future employment opportunities.
• Create obstacles for academic applications and scholarships.
• Limit your housing options.
• Damage your personal and professional reputation.
• Cause stress and difficulty for your family.

Because the stakes can be surprisingly high, speaking with a Harrisburg federal criminal lawyer is a crucial step in protecting your future.

Logue Law Group

At Logue Law Group, we recognize how stressful an open container violation can be and the hidden consequences it carries. Our team, led by Sean Logue, has extensive experience handling open container cases and related alcohol offenses in Dauphin County and across the state. We offer initial consultations at no charge and strive to keep our rates reasonable.

If you need a Harrisburg DUI attorney or defense against alcohol-related charges, don’t hesitate. Contact us at 412-387-6901 today to let us help safeguard your reputation and your record.