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:
- Cars
- Trucks
- 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.
Other Exceptions
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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