Open Container Laws

In Pennsylvania, carrying an open container of alcohol in public is illegal. This law is frequently broken, leading to numerous citations daily, especially during college and professional football games. If you find yourself arrested for an open container violation, it is essential to seek the assistance of a qualified criminal lawyer.

Understanding the Law

The regulations surrounding open container violations are detailed in the Pennsylvania statutes. In simple terms, these laws prohibit carrying an open container of alcohol, though there are specific exceptions. This prohibition includes beer and other intoxicating beverages. A Morgantown criminal lawyer can help clarify how these laws apply to your specific situation and whether any defenses or exceptions may be available.

Here are some critical points to remember:

• 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 alcohol container at a location with a permit from the liquor control board.
• Moving Vehicles: It is prohibited to carry an open container of alcohol while driving or as a passenger in a moving vehicle on streets, highways, parking lots, or any area where cars are allowed to travel or park. This applies to both private and public property.
• Parked Vehicles: Holding an open container is not allowed while sitting in or on a parked vehicle in similar areas, unless certain exceptions apply. This rule covers both public and private property.

Exceptions to the Rule

It is important to note that there are exceptions to these regulations:

• On-Premises Consumption: You may hold an open container of alcohol (beer, wine, mixed drinks, etc.) if it was legally purchased for consumption on the premises.
• Tastings and Samplings: Open containers are permissible during authorized tastings and samplings.
• Convention Centers: You can carry open containers in convention centers.
• Music Festivals: Festivals lasting at least three days on a minimum of forty acres may allow open containers, at the permit holder’s discretion.
• Performing Arts Centers: You may possess open or unopened wine bottles at outdoor performing arts centers during an orchestra performance, if the venue permits.
• Limousines: Passengers in a limousine may possess an open container, provided they are not in the front seat with the driver. If you have questions about these exceptions, consulting a Morgantown DUI attorney is advisable.

Penalties and Consequences

Carrying bottles of alcohol that were opened and resealed is restricted to the trunk of your car. Violations of open carry laws are generally considered summary offenses, resulting in fines up to $300 or imprisonment for up to 90 days.

Conversely, drinking alcohol in a motor vehicle is a more serious offense. This can lead to penalties including up to 30 days’ imprisonment, a fine of up to $250, or both.

While open container violations might seem minor, they can have lasting negative effects on your life. A conviction creates a criminal record that can hinder employment opportunities, impede academic goals, and limit housing options. Your personal reputation suffers, and your family is affected. If facing these charges, a Morgantown criminal lawyer can help mitigate these consequences.

Mountaineer Law Group

At Mountaineer Law Group, we understand the serious impact an open container violation can have on your life. Our experienced team, led by Sean Logue, is well-versed in open container and DUI laws in Berks County. We offer free initial consultations and reasonable rates. Contact us at (304) 381-3656 and let a skilled Morgantown DUI attorney help safeguard your reputation.