Open Container Laws
Under Oklahoma law, it is illegal to have any open bottles, cans, or any other vessel with an open seal containing alcohol in a moving vehicle in the state. This means that even passengers are prohibited from drinking while someone else is driving.
What Vehicles Are Included?
The open container statute extends to:
- Commercial vehicles
There are some exceptions under the law for limousines or busses; however, the alcohol may only be low-point beer and it may not be in the driver’s immediate possession. In addition, the driver must not have been drinking prior to operating the vehicle.
The law does extend a caveat for traveling with alcohol. You may legally have an open container in your vehicle as long as it is not accessible by the driver or passengers. Acceptable locations include:
- Any outside compartment
- The trunk
- Rear compartment
Penalties for Open Container Violations
Oklahoma’s open container law is such that both the driver and passenger(s) could be charged and convicted of this misdemeanor offense. Penalties include a sentence of up to six months in the county jail and maximum fine of $500. You will also be assessed an additional $100 trauma care fee, plus any additional court costs.
Although it is a misdemeanor, open container offenses—like all alcohol-related offenses in Oklahoma—should be defended aggressively. Contact the Edge Law Firm today for immediate assistance with your case.
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