Ohio has stringent laws regarding open containers of alcohol in vehicles and public spaces. If you are driving with an open container in your car, you could face legal charges. Yes, even if you are 100 percent sober.
Here’s what you should know.
What is Ohio’s open container law?
Ohio law prohibits having an opened container of beer or other intoxicating liquor while driving or being in the passenger seat. This law applies even if you are in a nonmoving car as long as you are on a street, highway or private property open to the public.
There are only two exceptions:
- You are in a chauffeured limousine, have paid for a prearranged contract and are not in the front seat with the driver
- You have a bottle of wine securely resealed after buying it from an establishment, and you are storing it in the trunk or behind the last upright seats
Violating the open container law can lead to a misdemeanor charge and a fine of up to $150. Drinking alcohol while in a vehicle can result in harsher punishments, such as a fine of up to $250 and jail time of up to 30 days.
How can it affect an OVI charge?
An open container can give the police probable cause to test your sobriety and search your vehicle.
On top of an open container violation, the police can also charge you with an OVI if your blood alcohol content (BAC) is 0.08 percent or higher. Physical signs of impairment, such as slurred speech or difficulty walking, and further biological tests can support their arrest.
Moreover, an open container charge can become an aggravating factor when sentencing for OVI. This means it could lead to harsher penalties.
In Ohio, the consequences for OVI may include:
- License suspension
- Probation
- Fines
- Jail time
The severity of the punishment may depend on your BAC at the time of the arrest and any prior OVI offenses. For example, a BAC of over .17 percent is considered “high level” and may result in longer jail time or higher fines.
Talk to someone who can help
Facing an OVI charge is undoubtedly a stressful and scary experience, but remember that it is not a conviction. By understanding your rights, legal options and potential defenses, you can increase your chances of a more favorable outcome. Consider consulting with an experienced OVI defense lawyer who can guide you through the process.