You are at risk of a DUI or DWI if you have open containers of alcohol in a vehicle. Police officers who spot an open container of alcohol through your car’s window do have probable cause to arrest you if you’re driving the car. However, the law does not allow officers to arrest passengers with open containers of alcohol.
If you find yourself facing accusations of driving under the influence or violating Louisiana’s open container laws, don’t panic. An experienced DWI defense attorney from John D. & Eric G. Johnson Law Firm can help you challenge the charges brought against you.
What to Expect From Open Container Law Violations
Louisiana’s open container laws state that no one may get behind the wheel of a vehicle with an alcoholic beverage that isn’t appropriately secured. Officers have the right to pull someone over if they see a driver:
- Drinking from an open bottle
- Placing an alcoholic beverage in a cup holder beside them
- Behaving drunkenly behind the wheel of a car
Officers who catch someone with an open container behind the wheel have probable cause to assume that a driver is drinking while intoxicated. Even if this isn’t the case, keeping an open container in your car puts you at risk for a DWI charge.
Anyone caught in the driver’s seat of a car with an open container may face a misdemeanor charge and up to $100 in fines. Officers may go on to freely search a car driven by someone in possession of an open container of alcohol. Likewise, officers may subject the driver in question to a field sobriety test.
Exceptions to Louisiana’s Open Container Laws
While neither drivers nor passengers have the right to maintain open containers of alcohol in a car, there are exceptions to the rule. These include the following:
Specially-Designated Vehicles
Louisiana allows people in specific vehicles to retain control over open containers of alcohol. These vehicles include the following:
- Parade floats
- Limousines
- Mobile homes and RVs
People in these vehicles must keep their alcohol within a designated environment, or else they may face accusations of violating the law. For example, containers found in the back seat or trunk of a vehicle do not place drivers or passengers at risk for open container charges.
Frozen Drinks To-Go
Louisiana is particularly famous for allowing tourists and locals to purchase frozen drinks to-go in daiquiri drive-thrus. So long as drivers keep a lid on their to-go orders and do not break the seal with a straw, they may transport frozen drinks from a drive-thru to the destination of their choosing. However, passengers or drivers still cannot drink from the cup while driving.
How to Challenge Accusations of Open-Container Drinking
As noted, the exceptions that allow drivers and passengers to maintain control of an open container of alcohol aren’t always straightforward. If you find yourself facing accusations of open-container drinking, don’t panic. You can work with a Louisiana criminal defense lawyer to challenge the charges brought against you by asserting that:
- Officers misinterpreted your behavior behind the wheel
- Officers willfully misrepresented your behavior behind the wheel
- Officers did not have probable cause to arrest you
- Officers misinterpreted your location and charged you while you were protected by local ordinances
Your lawyer will help you determine which of these defenses or what combination thereof may help you avoid the fines and jail time that usually come with a DWI or open container violation.
Don’t Let Officers Get Away With Wrongful DUI Charges
You don’t have to resign yourself to criminal charges if officers accuse you of driving with an open container. Whether you’re facing DWI charges or open container violations, you can count on having Eric G. Johnson on your side. John D. & Eric G. Johnson Law Firm understands how Louisiana’s DUI laws work and can challenge them on your behalf.
If you’re ready to meet with Attorney Johnson, call the firm at (318) 377-1555. You can also reach out through our contact form. We are prepared to offer you the tireless advocacy you need to overturn the charges brought against you.