During football season, people often drink at restaurants and loved ones’ homes and watch their favorite teams play. But it is important to know what you can and cannot do under Georgia law once the game is over, and you are heading home. Keep reading to learn more about Georgia’s open container law.
What is Georgia’s Open Container Law?
Under OCGA § 40-6-253, “A person shall not: (A) consume any alcoholic beverage; or (B) possess any open alcoholic beverage container in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway.” The statute defines “passenger area” as, “[T]he area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position; provided, however, that such term does not include any locked glove compartment or, in a passenger car not equipped with a trunk, any area behind the rearmost upright seat or not normally occupied by the driver or passengers.”
What Counts as an “Alcoholic Beverage” Under Georgia’s Open Container Law?
Under Georgia law, an “alcoholic beverage” includes a beer, ale, porter stout, or other similar fermented beverages. It also includes wine, distilled spirits, mixed drinks, and cocktails. Importantly, any beverage containing .05% or more of alcohol is considered an “alcoholic beverage.”
What is an “Open Alcoholic Beverage Container?”
An “open alcoholic beverage container” includes any bottle, can, or other receptacle that:
- Contains any amount of alcoholic beverage; and
- Is open or has a broken seal or the contents of which are partially removed.
What does not count as an “Open Alcoholic Beverage Container?”
There a few exceptions to Georgia’s open container law, including:
- If you have a sealed container in your car, you cannot be charged for violating Georgia’s open container law. For example, if you are at a restaurant and you purchase a pack of beer from the restaurant to take home, you cannot be charged under this law.
- If you are at a restaurant where you purchased a meal and consume a portion of a bottle of wine that was also purchased at the restaurant, you can remove the bottle of wine from the restaurant’s premises so long as: (1) the bottle is properly resealed by a restaurant employee; (2) the bottle is placed in a bag or container; (3) a dated receipt from the restaurant for the bottle of wine and meal is attached to the bag or container; and (4) the bottle of wine is placed in a locked glove compartment, a locked trunk, or the area behind the last seat of a motor vehicle that does not have a trunk (if you are transporting the wine in a car).
What Happens if I am Caught with an Open Container?
Fortunately, Georgia’s open container law does not require jail time as punishment. If you are caught with an open container, you will be subject to a fine not to exceed $200.00. However, if you are under the influence of any alcohol, you may face additional fines and/or jail time. Click here to learn more about Georgia’s DUI laws and the penalties under those laws.
Have questions? Give me a call.
Navigating the criminal legal system can be confusing. I have decades of experience fighting for clients at all stages of their cases, including people caught with open containers or arrested for driving under the influence. I know the players in Georgia’s criminal courts, and I am here to help you throughout the life of your case. If you have questions about Georgia’s open container laws, DUI laws, or any other legal questions, give me a call today!
