Open Container Laws in Warren,Trumbull County, Ohio

Navigating open container laws can be confusing, but an experienced Youngstown OVI lawyer can clarify Ohio’s regulations for you. These laws are part of Ohio’s comprehensive OVI laws, designed to protect the public from intoxicated individuals and drunk drivers. They restrict the possession of open alcohol containers in vehicles and public spaces.

What the Law Says

Ohio Revised Code states:

• No one in a motor vehicle may consume alcohol, whether it is beer or any other intoxicating liquor.
• Neither the driver nor the passengers are permitted to have open containers in the vehicle.
• This law applies whether the vehicle is in motion or stationary on public roads, highways, or private property accessible to the public for parking or passage.

Additionally, carrying an open container (cup, bottle, can, etc.) of alcohol in public is illegal unless you are in a designated area with a specific permit allowing it.

Exceptions to the Open Container Law

For Vehicles

There are two scenarios where open containers are allowed in vehicles:

1. Limousines:
2. Only the passengers (not the driver) can consume alcohol.
3. Passengers cannot drink in the front seat.
4. There must be a prearranged contract with the limousine owner, and a fee must be paid.
5. Opened Bottles of Wine:
6. The wine must be purchased from a licensed establishment.
7. It must be stored in the trunk or a location within the vehicle that is not accessible to the driver or passengers.
8. The bottle should be resealed securely, visibly indicating it has been opened.

In Public Places

Open containers are allowed in the following circumstances:

• Convention Facilities: Alcohol consumed at convention centers.
• Licensed Establishments: Alcohol purchased and consumed at places with a permanent or temporary permit.
• Wine and Liquor Tastings.
• Music Festivals: If the property owner has a permit and allows it.
• Orchestra Performances: If permitted by the proprietor.
• Racetracks and Motorsports Facilities: If allowed by the owner.
• Outdoor Refreshment Areas: Alcohol bought from a vendor within the designated area.
• Commercial Quadricycles:
• Passengers may consume alcohol as long as they are not in the front seat.
• They cannot have more than 36 ounces of beer or 18 ounces of wine.
• The quadricycle must not be used on streets, highways, or public roads with other traffic.

Open Container Penalties

Ohio law prohibits carrying open containers of alcohol in public places, with certain exceptions. Violating this law carries specific penalties:

• Outside a Vehicle:
• First-degree misdemeanor.
• Fine of $150.
• Inside a Vehicle:
• Fourth-degree misdemeanor.
• Up to 30 days in jail.
• Fine of $250.

Need Legal Help?

Youngstown Criminal Law Group specializes in defending against OVI-related charges, including open container violations. Contact us at (330) 992-3036 or online to schedule a free consultation.