However, if you have been accused of driving under the influence of alcohol in Georgia, an open container violation may result in additional charges and more severe penalties. If you are arrested for a traffic violation and the police officer discovers that there is an open container in the passenger area, you will be on high alert for any other clues that indicate that you are a drunk driver. The open container can also cause the passenger area of your vehicle to smell of alcohol, which the officer may attribute to you. In addition, an open container charge reinforces the state's arguments against you in a case of driving under the influence of alcohol in Georgia, since an open container is further proof that, in fact, you had been drinking, in addition to demonstrating a disregard for the law and irresponsible behavior.
The “open container” law in Georgia prohibits a person from possessing any type of open container of any alcoholic beverage while driving. Georgia's open container law generally prohibits the consumption of alcohol and the possession of open containers of alcoholic beverages in motor vehicles on public roads. To illustrate the effectiveness of the threat posed by allocating funds for highways, consider that in 2001, Georgia passed a bill to tighten its open container laws and comply with the federal program. If you are arrested and charged with violating Georgia's open container laws, Moffitt Law, LLC can help you.
Owning an open container in Georgia also adds two points to the demerits of your driver's license at the Georgia Department of Driver Safety. The state of Georgia is one of only seven states that don't have a law prohibiting the possession of an open container in a public place. Drivers and their passengers are generally prohibited from consuming alcohol or even possessing an open container of alcoholic beverages in motor vehicles on public roads in Georgia. Georgia law prohibits the consumption of alcoholic beverages or the possession of an open container of alcohol in the passenger area of a motor vehicle, on the road or on the shoulder of a public highway.
Regardless of the type of alcohol, if there is an “open” container of an alcoholic beverage in a car, truck, SUV, or minivan, it is illegal to consume it while driving anywhere in the state of Georgia. Rarely has a Georgia law enforcement officer cited a driver for opening the container inside a car, without also filing a charge for driving under the influence of alcohol (DUI). To comply with section 154, Georgia's open container law must prohibit the possession and consumption of any alcoholic beverage container within the passenger area of any motor vehicle, including the open glove compartment and any area that the driver or passengers can easily access while seated. This also means that you cannot request a jury trial for an open container violation if the only criminal charge for illegal acts is the charge of opening a container while driving in Georgia.
Open container laws in Georgia follow federal guidelines aimed at combating drunk driving across the country, although state laws regarding this crime vary. The basic rule in Georgia is that a person cannot consume alcohol or “possess” any container of alcoholic beverages while in the passenger area of a motor vehicle that is on the road (or even on the shoulder of the road).