Super Lawyers Rising Stars
Avvo Rating 10
Avvo Clients' Choise Award
National College for DUI Defense
Lead Counsel Rated
The National Trial Lawyers Top 40 under 40
National Association of Criminal Defense Lawyers
PACDL

Open Container Laws

It’s illegal in Ohio to carry an open container of alcohol in public. This is a common charge. Every day, someone gets ticketed for it. Many times, these tickets are given at football games, especially college and professional games. You’ll need the help of a Youngstown OVI lawyer if you ever find yourself arrested for an open container violation.

The Ohio Revised Code contains a definition of open container violations in Chapter 4301.62. It basically says you can’t carry around an open container of alcohol, though it does list some exceptions to the rule. This includes beer and any other liquor that consumption of leads to intoxication.

  • You can’t carry an open container of booze in a state liquor store.
  • You can’t hold on to a container of alcohol on the site of a place that has a permit received from the division of liquor control, except in certain circumstances.
  • You can’t carry alcohol in an open container while either driving or being a passenger in a moving motor vehicle on streets, highways, or parking lots, or anywhere else cars are allowed to travel or park, except in particular circumstances. This applies to private property as well as public.
  • You can’t hold alcohol that’s in an open container while you’re sitting in or on (or standing on) a parked vehicle on streets, highways, parking lots, or anywhere else cars can park or travel, with certain exceptions. This means not on public property or private property

As noted above, there are exceptions to this rule.

  • You can hold an open container of alcohol (beer, wine, mixed drinks, or other intoxicating liquor) if it was legally purchased to be consumed on the premises where it was purchased.
  • You can have an open container of booze if it is intended to be drunk during tastings and samplings.
  • You can carry alcohol in an open container in a convention center.
  • At music festivals occurring for at least three days on at least forty acres of land, you can carry an open container, if the permit holder allows you to.
  • You can possess open or unopened bottles of wine at outdoor performing arts centers, if you are attending the performance of an orchestra and you are allowed by the venue to do so.
  • You are allowed to be in possession of an open container if you are a limousine passenger who is not in the front seat with the driver.

In addition, you’re only allowed to carry bottles of alcohol that were opened and then resealed in the trunk of your car.

Open carry violation convictions are misdemeanor offenses in most cases. You’ll be fined as much as $150 but won’t have to serve any time in jail.

On the other hand, if you’re convicted of drinking alcohol in a motor vehicle, your offense is considered to be a misdemeanor of the fourth degree. You’ll have to go to jail for up to 30 days or pay a fine of up to $250. You may have to do both.

Open container violations seem like one of the least important charges, but even minor infractions leave you with a criminal record. And, a criminal record can harm your life and your future, locking you out of jobs and promotions, or preventing you from finding your first one. It can also keep you out of the educational opportunities you want to pursue and prevent you from living in some rental apartments and houses. Your personal reputation will suffer, as well, and, worse of all, your criminal record will have a negative effect on your family.

Don’t let an open container violation mar your good name. Call Sean Logue at Logue Law Group for assistance. Sean and his colleagues know the law inside and out and have handled hundreds of cases involving open container laws, as well as DUI laws. Logue Law Group offers free initial consultations and reasonable rates. Call 1-844-PITT-DUI at any time of the day or night.

Client Reviews
★★★★★
Mr. Logue came to me for my consultation, which was nice! He helped me better understand my situation so I could weigh my options. He kept me updated on any new information about my case, and I could always easily contact him if I had any questions. I knew I was in good hands, and I got the best possible outcome for my case! Anonymous
★★★★★
Sean Logue accomplished an incredible thing for me by handling my legal matters. If you need help, this is the man to represent you...he's very keen, knowledgeable, and efficient in guiding you to freedom. The trust and loyalty he gives you is very down to earth, so if you need a lawyer this is the best one. You can feel totally confident in Sean's hands. Excellent job, thank you for taking the time for me, you took all my worries away...God bless your future. Anonymous
★★★★★
Mr Logue was the one I hired after talking to other attorneys about my case. He was the most knowledgeable and explained everything to me about his plan for me moving forward. He was always available to answer my questions and fought hard for me!! Don't waste your time looking for anyone else to help you. Mr Logue did an amazing job and very professional! Anonymous
★★★★★
Atty. Logue represented me well and took care of my legal issues superbly. He is a no-nonsense, very knowledgeable and well respected lawyer. I was pleased with his services. Would definitely recommend Atty. Logue to others. Anonymous
★★★★★
Mr. Logue is good for one reason, he cares. A client is not a quick buck. He always answers his phone, day or night and he understands the law better than anyone. He always answers my calls for both corporate and personal legal decisions and I have a ton of questions. His rates are reasonable too. Fair and firm. Anonymous