Bakersfield Open Container Attorney

Facing an Open Container Charge in Kern County?

An open container citation or arrest can feel like a minor inconvenience at first, especially if you were not accused of driving under the influence. In reality, an alcohol related offense can follow you, affect background checks, and create problems with employment, licensing, or probation. If your case is set in a court that serves Bakersfield, you may be worrying about what happens next and whether you should handle it on your own.

You may feel embarrassed, frustrated, and confused by the paperwork you received. You might be asking whether this is just a ticket or a criminal charge that could stay on your record. Our criminal defense attorneys work with people in your situation every day, and we know how stressful that uncertainty can be.

At Humphrey & Thompson, we are a boutique criminal defense firm that serves Bakersfield and all of Kern County. Our attorneys are Board Certified Criminal Law Specialists through the State Bar of California, and our team has handled more than 5,000 criminal cases in state and federal courts. When an alcohol related accusation threatens your record, we step in to provide clear guidance and strategic defense.

To get started on your defense, call or contact us online today.

What is Considered an Open Container?

Under California Vehicle Code §23222–23229, an “open container” generally refers to any bottle, can, or other receptacle containing alcohol that has been opened, has a broken seal, or has had some of its contents removed.

An open container violation may apply when:

• An open or partially consumed alcoholic beverage is inside a vehicle
• The container is within reach of the driver or passengers
• The vehicle is on a public road or highway
• Alcohol is present in areas such as the passenger compartment, center console, cup holders, or floorboard

It is important to note that California law does not require the driver to be drinking alcohol at the time. The mere presence of an open container in certain areas of the vehicle can be enough to result in a citation.

However, there are exceptions, such as:

• Open containers stored in a locked trunk
• Certain vehicles for hire (limousines, buses, taxis)
• Living quarters of motorhomes or RVs
• Passengers (not drivers) in some circumstances

Our Bakersfield open container lawyer can analyze whether one of these exceptions applies to your case.

California Open Container Laws Explained

California distinguishes between open container rules for drivers and passengers:

• Drivers may not possess an open container of alcohol in a vehicle
• Passengers are also generally prohibited from possessing open containers, with limited exceptions

In addition, California enforces a zero-tolerance open container rule for drivers under 21, meaning any alcohol possession can lead to penalties.

Open container violations often accompany other charges, including DUI, reckless driving, or probation violations. In many cases, prosecutors use open container evidence to support allegations of impaired driving—even if no sobriety tests show intoxication.

Open Container Penalties in California

The penalties for an open container violation depend on the circumstances, prior offenses, and whether other charges are involved.

Common penalties include:

• Fines (often up to $250 or more with court fees)
• Possible misdemeanor charges in certain cases
• Probation conditions
• Points on your driving record
• Increased insurance premiums
• Enhanced penalties if tied to a DUI arrest

For drivers on DUI probation or those with prior convictions, open container charges can trigger additional legal consequences, including license suspension or probation violations.

How an Open Container Charge Can Affect a DUI Case

An open container charge alone may seem minor, but it can seriously complicate a DUI case. Prosecutors often argue that an open container demonstrates intent to drink while driving, even if blood alcohol levels are low or inconclusive.

Open container allegations may be used to:

• Justify extended traffic stops
• Support probable cause for field sobriety tests
• Strengthen DUI prosecution arguments
• Increase sentencing exposure

Challenging open container evidence can weaken the prosecution’s entire case. This is where experienced legal representation becomes critical.

Defenses to Open Container Charges

There are several defenses that may apply to open container cases, including:

• The container was not within reach of the driver
• The alcohol belonged to a passenger under an exception
• The container was sealed or unopened
• The stop or vehicle search was unlawful
• The officer made incorrect assumptions about the container

Every case is different. A Bakersfield open container lawyer will carefully review police reports, dashcam footage, and witness statements to identify weaknesses in the prosecution’s case.