Contrary to what some people believe, an open container charge and a DUI charge are not the same.
Law enforcement can charge you with an open container offense, even if you are not driving drunk. However, driving drunk with an open container can make penalties worse.
Below is some crucial information that can help you avoid these offenses.
Understanding New Jersey’s open container law
In New Jersey, it is illegal to have an open container of alcohol while driving or parked on:
- A public highway
- The right of way of a public highway
To be more specific, an open container is any container with its original seal broken. Alcohol transferred to another container, such as a glass or box, also falls under this definition.
If you want to transport an open container legally, it must be in your trunk or behind the last upright seat of your vehicle if you don’t have a trunk.
There are only several exceptions to this law. Having an open container is legal if it is in the living area of a motor home or the passenger area of a for-hire vehicle, such as a limousine or a special charter bus.
An open container can be an aggravating factor
Having an open container in your car is a violation in and of itself. The first offense can lead to a $200 fine, while subsequent offenses can lead to a $250 fine and/or community service.
Furthermore, an open container can give the police enough reason to do a breathalyzer test or have you undergo field sobriety tests. Even if you are completely sober, they may charge you for violating the open container law.
But what if you fail the sobriety tests? In that case, the law may see the open container as an aggravating factor. This means penalties can be harsher, as it may suggest that you were drinking while driving.
DUI punishments may include but are not limited to:
- Fines
- Jail time
- License revocation
- Community service
- Probation
As you can see, it is crucial to avoid driving under the influence as much as possible. If you are too intoxicated to drive home, get a taxi or call a friend.
Plus, always make sure to follow New Jersey’s open container rules, even if you think you have a low risk of getting pulled over.
Seek legal guidance
If you are already facing these charges, don’t hesitate to consult a DUI defense attorney. They can help uphold your rights, explore your legal options and help you mitigate the most severe penalties.