Open Container Laws in Steubenville

Ohio’s open container rules can be difficult to understand at first glance. Even so, they play an important role in the state’s broader OVI laws. These laws are meant to protect the public by reducing intoxication in public spaces and discouraging drunk driving. They limit when someone can carry or consume alcohol in a vehicle and when a person can have an open alcoholic beverage in public.

What Ohio Law Says About Open Containers

Under Ohio law, no one inside a motor vehicle can consume alcohol, whether it is beer, wine, or another intoxicating liquor. In addition, drivers and passengers are generally prohibited from possessing an open container of alcohol inside the vehicle. This rule applies whether the vehicle is moving or parked on a highway, street, or other public property. It also applies on private property that is open to the public for travel or parking. A Steubenville criminal lawyer can help explain how these rules may apply to your specific situation.

Ohio law also makes it illegal for a person to carry an open container of alcohol in a public place unless that person is inside a specifically permitted area where open containers are allowed. In other words, you cannot walk around most public places with an open cup, bottle, or can of alcohol unless a valid exception applies.

Exceptions to Ohio’s Open Container Law

There are limited exceptions to the open container law for motor vehicles. One exception involves a chauffeured limousine, but several conditions must be met:

• Only the passenger or passengers may consume alcohol, never the driver.
• A passenger may not drink alcohol while sitting in the front seat with the driver.
• The passenger and any guest must have a prearranged contract with the limousine owner and must have paid a fee.

Another exception applies to an opened bottle of wine. However, that exception is narrow and only applies when all legal requirements are satisfied. A Steubenville OVI attorney can review whether those conditions were actually met. The requirements include:

• The wine must have been purchased from a store or another location licensed to sell it.
• The bottle must be stored in the trunk, or in an area of the vehicle where passengers do not normally sit and where the driver cannot reach it.
• If the vehicle has no trunk, the bottle must be kept behind the last upright seat.
• The bottle must be securely resealed in a way that clearly shows it has been reopened or tampered with.

Exceptions for Open Containers in a Public Place

Ohio law also recognizes certain exceptions for open containers in public settings. These include:

• Beer or liquor consumed at a convention facility
• Alcohol purchased and consumed at a location holding a permanent or temporary permit to sell it
• Wine and liquor tastings
• Alcohol brought to a music festival, as long as the property owner has the correct permit and has allowed it
• Alcohol brought to an orchestra performance, as long as the proprietor has a permit and allows it
• Alcohol brought into a racetrack or another motorsports facility, if the owner permits it
• Alcohol purchased from a vendor inside an outdoor refreshment area, as long as the vendor has the proper permit and the person stays within that area

There is also a special rule for commercial quadricycles traveling on the road. Still, important restrictions apply. A Steubenville criminal lawyer can help determine whether this exception fits the facts of an arrest or citation. In general:

• You cannot sit in the front seat
• You cannot possess more than 36 ounces of beer or 18 ounces of wine
• The quadricycle cannot be used on a street, highway, or other public road where other traffic is present

Penalties for an Open Container Violation

Although Ohio provides a few exceptions, the general rule is simple: you cannot carry an open container of alcohol in most public places, and you cannot keep one inside a vehicle unless a lawful exception applies. If an open container is found in a vehicle, it can also make an OVI case more serious. Speaking with a Steubenville OVI attorney as soon as possible may help you better understand the charges and the possible consequences.

An open container violation outside of a vehicle is a minor misdemeanor and carries a fine of up to $150.

An open container violation inside a vehicle is a fourth-degree misdemeanor. If convicted, a person may face:

• Up to 30 days in jail
• A fine of up to $250

Get Help with Open Container and OVI Charges in Steubenville

Open container charges may seem minor, but they can still create real legal problems, especially when they are connected to an OVI allegation. Youngstown Criminal Law Group defends people facing OVI-related offenses, including open container violations, throughout Ohio. If you need guidance from a Steubenville criminal lawyer, call (330) 791-8104 or contact Youngstown Criminal Law Group online to schedule a free consultation.