Under Maryland law, neither drivers nor passengers can have an open container of alcohol in the passenger area of any vehicle that’s on a highway. This means you can’t have an open can, bottle, or cup of alcohol within reach. Separate transportation laws also prohibit a driver from drinking alcohol while driving.
This is typically charged as a civil offense/citation. A driver convicted of having an open container may face a fine and points on their driving record. Even a single point can lead to license issues and higher insurance premiums, especially when combined with other violations.
Exceptions to the Open Container Law
There are some exceptions to Maryland’s open container laws. While passengers can be ticketed for having or consuming alcohol in the passenger area, a driver cannot be charged solely because another passenger has an open container.
The open container alcohol law also does not apply in all situations. Passengers in commercial vehicles that primarily transport people for compensation, such as buses, taxis, or limousines, are not subject to the same open container restrictions. Additionally, if you’re in the living quarters of a motor home, RV, or motor coach, passengers are allowed to possess and drink alcohol.
No matter what county or city you are in and what the local rules say, these laws and exceptions cover all highways statewide.
How Open Container Violations Can Lead to Bigger Problems
An open container violation in Maryland might seem minor, but it can quickly lead to more serious legal trouble. When police find alcohol near the driver or in the passenger area, it often triggers more questions and a closer look at the driver’s behavior and level of impairment.
What might have started as a routine traffic stop for a broken taillight or speeding can turn into a full DUI or DWI investigation if an officer smells alcohol, sees an open bottle, or suspects recent use. Drivers could be asked to do field sobriety tests, breathalyzers, and then even face an arrest for impaired driving.
Defenses to an Open Container Charge in Maryland
If you are facing an open container charge in Maryland, you may have ways to challenge the ticket or get the case dismissed, depending on the facts surrounding your stop and the evidence. Some common ways to defend yourself include:
The Container Was Not in the Passenger Area
The open container law may not apply if the alcohol is not in the passenger area. This includes alcohol kept in the trunk, behind the rearmost upright seat in vehicles without a trunk, or in a locked glove compartment.
The Vehicle Was Not on a Highway
Maryland’s open container restriction only applies when the car is on a public highway or street, not private land or driveways. If you were parked at home, in a private lot, or somewhere not accessible to traffic, that’s an important distinction that can form a strong defense.
The Officer Lacked Probable Cause for the Stop
A conviction for an open container violation requires that the initial traffic stop be lawful and supported by reasonable suspicion or probable cause. If officers had no lawful reason to pull you over, lawyers can often argue that any open-container evidence should be suppressed by filing a motion to suppress.
The Driver Was Improperly Charged for a Passenger’s Conduct
Under Maryland law, a driver cannot be convicted simply because another occupant, someone in the back seat or passenger side, had an open container. If you had no control over the alcohol or the actions of your passengers, this could lead to a dismissal. Building a strong defense means reviewing every fact in your case.
Contact Alpert Schreyer Criminal Defense Attorneys for a Free Consultation With a Maryland DUI Lawyer
From traffic stops to alcohol-related allegations, the details matter. Alpert Schreyer Criminal Defense Attorneys can review your citation, identify defenses, and handle communications with the court. Call now to schedule a free consultation with a Maryland DUI attorney.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
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Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
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11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
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8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771