How An Open Container Can Affect Your DUI Stop

Law Blog

When you are arrested for a DUI, the police officer might have noticed warning signs that you were under the influence of alcohol and they might have also performed a breathalyzer test. However, another reason you might get in trouble is the fact that you had an open container of alcohol in the car. 

Unopened Alcohol and Your DUI Stop

If you are stopped for a DUI and you have alcohol but the container is closed, the most likely consequence you will suffer is that you may have a field sobriety test performed on you. However, driving with an open container is illegal even if you are not drunk. The only exception is if the alcohol is in a location where it cannot be reached. For example, if the alcohol is in the trunk of your car, you cannot be charged for having an open container.

If you are facing prosecution over an open container violation or a DUI, you will want to speak with a DUI lawyer as soon as possible. A DUI offense can lead to serious legal consequences that not only include fines and imprisonment but also include counseling sessions and the requirement of using an interlock device. 

Speak to an Attorney Once You are Arrested

Once you have been arrested, you will have a constitutional right to speak to an attorney. If you are not allowed to speak to an attorney, you may be able to have your case dismissed. You are allowed to speak to an attorney even before participating in a blood, breath, or urine test.

Your attorney may encourage you to obtain an independent blood test. You have the right to leave the custody of the police to have an independent blood test done because you have the right to contest the evidence of the police.

How to Have Your Charges Reduced or Dismissed

Make sure to hire an attorney who has experience with DUI cases. These cases can be very complicated and there might be a way to have your DUI case dismissed that you may have never thought of. Also, your attorney may be able to have your open container case dismissed as well.

Even if you are not able to have your charges dismissed, you may be able to negotiate your DUI down to a "wet reckless" charge. This charge is considered much less severe and is something you will only be charged if you accept a plea bargain.


25 October 2021

File Chapter 7, and Keep Your Home

Many people assume that when they file Chapter 7 bankruptcy, they will have to give up their homes and other property. This is not necessarily the case. I am a bankruptcy attorney, and I have helped many clients file for Chapter 7 bankruptcy without giving up homes, cars, and other property. When you file for bankruptcy, the property you are allowed to keep depends on your individual circumstances and the state where you live. Most states allow exemption for property you are currently paying for. This blog will guide you through that information and help you determine if filing Chapter 7 bankruptcy is the right choice for you.