The laws of DUI are fairly strict throughout the United States on a whole, and the state of Pennsylvania is no exception. In fact, a single DUI offense in Pennsylvania can result in a license suspension, probation, and monetary penalties to boot.
Although most people are aware of the fact that driving while under the influence of alcohol is a serious and punishable offense, that same understanding does not seem to carry through when it comes to open container laws. Charles Nistico of the firm Nistico Roberts, P.C. is a Pennsylvania-based DUI attorney with more than three decades of experience under his belt, and according to him, it is against the law for a driver to have an open bottle of alcohol in his car while it is in motion, regardless of whether or not he is actually drinking. In fact, there have been plenty of instances where drivers received tickets for failing to abide by the state’s open container laws despite the fact that they were completely sober at the time.
When it comes to open containers, the law is pretty clear: You cannot carry an open bottle of alcohol – be it beer, wine, or the hard stuff – in your car while you are driving. If you are caught doing this, then the fact that you weren’t actually drinking anything won’t help you in the slightest. Since it’s understandable that a person might want to transport a half-full bottle of liquor or wine to a friend’s party, the law does allow for such items to be kept in a vehicle’s trunk, where they are inaccessible to any driver operating his vehicle. Similarly, it is permissible for you to transport closed bottles of alcohol while you are driving – though to play it safe, it’s best to keep such items tucked away in the back seat, out of sight. This way, if you do happen to get pulled over, then there won’t be any question to as what your intentions were with respect to drinking and driving.
Although some might think that the presence of other passengers in a car might negate the open container laws, according to Nistico, this couldn’t be further from the truth. Even if you’re 100% sober, if you’re caught transporting people who are drinking in your vehicle, then you could end up getting slapped with a fine for violating Pennsylvania’s open container laws. You might also find yourself faced with an actual DUI charge due to the circumstantial evidence at hand – though you’re not likely to be convicted if the drinking was limited to the passengers alone.
The only time that drinking in a moving vehicle is permissible is when the parties are of a legal drinking age, and the drinking takes place in an authorized commercial vehicle such as a limo or party bus. In such cases, the open container laws do not apply. However, in all other cases, it is best for drivers to keep any open bottles of liquor tucked away into the trunks of their cars, right where they belong.
One last thing to keep in mind about the open container laws in Pennsylvania: Ignorance isn’t a valid excuse for breaking the law. Just because you might be unfamiliar with the open container laws doesn’t mean that an officer is going to let you off the hook if he catches you driving around with an open bottle of vodka sitting pretty on the passenger seat. Of course, in the grand scheme of moving violations, getting caught with an open container is a far less serious offense than actually being charged with DUI. On the other hand, considering how easy it is to simply store your open alcohol in the trunk of your car to avoid trouble, you have everything to lose and nothing to gain by violating this particular rule of the road.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
