It is common knowledge that driving while intoxicated by alcohol or drugs is against the law. But many people are not aware that not only is it illegal to drive drunk — it is a violation of the law to transport an open container of an alcoholic beverage in a vehicle. In North Carolina, this statute applies not only to drivers, but also to any passengers in the vehicle. The consequences of breaking the law regarding open containers in motor vehicles can be steep and carry stiff penalties.

Understanding North Carolina’s Open Container Law for Motor Vehicles

Under North Carolina law, having an open container in a motor vehicle is a criminal offense. If a beverage is not in the manufacturer’s original sealed container, or the seal is broken, a container is considered to be “open” under the statute. Open containers can include things like an uncorked bottle of wine, an open can of beer, or an alcoholic beverage in a red solo cup. The types of alcohol covered by the statute include beer, malt beverages, fortified and unfortified wine, hard liquor, and mixed beverages.

The law applies to open containers of alcohol on both the driver’s side of the vehicle, as well as in the passenger area. It doesn’t matter whether you are driving the car or sitting in the back seat — open containers must not be anywhere within the reach of anyone in the vehicle, including the center console, glove box, and cup holders.

Importantly, there are two parts to the North Carolina open container law. Under N.C.G.S. § 20-138.7(a), it is a misdemeanor to drive a motor vehicle on a highway while possessing an open container of alcohol in the passenger area AND while the driver is consuming alcohol — or alcohol remains in their body. However, according to section (a1) of the statute, you can also be charged with an infraction if you are simply operating a motor vehicle with an open alcoholic beverage in the passenger area. It’s essential to note the difference between these two parts of the statute.

Exceptions to North Carolina’s Motor Vehicle Open Container Law

If you plan to transport an open container of alcohol, it must be kept in the trunk. Notably, North Carolina’s open container law does provide for several exceptions. It is not illegal to possess an open container of alcohol, or for a passenger to consume an open container of alcohol, if the container is:

• In the passenger area of a motor vehicle that is designed, used, or maintained primarily for the purpose of transporting people for compensation;
• In the living area of a motor home or house car; or
• In a house trailer

In other words, open containers are permitted in the passenger areas of vehicles-for-hire such as limos, taxis, and buses. There is no exemption for golf carts, ATVs, and motorcycles.

North Carolina Open Container Law Penalties

If you have been pulled over for violating Section (a) of North Carolina’s open container law, you can be charged with a Class 3 misdemeanor for a first offense. If convicted, you could face up to 20 days in jail and a monetary fine. Any subsequent charges for transporting alcohol in an open container are treated as a Class 2 misdemeanor and can result in a punishment of 60 days in jail, plus a monetary fine.

Since Section (a) of the statute is a moving violation, it also comes with administrative penalties — the DMV will typically assess points on your license if you have been convicted of transporting an open container in a vehicle. While a first conviction does not automatically trigger a license suspension, a second conviction can lead to six-month revocation. Three or more convictions for violation of Section (a) of the open container law can result in a one-year license revocation.

However, a violation of Section (a1) of the statute is considered a non-moving infraction. In these cases, no points would be assessed on your license. While a court appearance can be waived if you have received a ticket for this infraction, you would still be responsible for paying a maximum $100 fine.

Contact an Experienced Johnston County Criminal Defense Attorney

Being charged with a violation of North Carolina’s open container law for motor vehicles can be stressful — and a conviction can lead to a permanent criminal record. It’s crucial to have a skilled criminal defense attorney by your side to fight the charges against you. The Johnston County criminal defense attorneys at Reece & Reece, Attorneys at Law provide aggressive representation for a wide range of alcohol-related charges, including open container law violations and DWIs. Call (919) 300-1249 to schedule a consultation and learn how we can help.