For the responsible driver or passenger, driving with an open container of an alcoholic beverage may seem like no big deal — especially if it’s their one and only for the night. Regardless of personal opinion or degree of individual responsibility, however, the law speaks clearly to the presence of open containers in motor vehicles that are in operation. Here’s what you should know about whether having an open container of alcohol in your vehicle is a crime in Massachusetts, as well as what you can do if you’re facing criminal charges —
What Does the Law Say About Open Containers in MA?
The Massachusetts Open Container Law is found in Massachusetts General Laws Chapter 90 Section 24I: Possession of alcoholic beverages in motor vehicles. The law says that it’s prohibited to possess an open container of alcohol in the passenger area of any motor vehicle when that motor vehicle is in “any place to which the public has a right of access,” or any way or place in which members of the public have access as invitees or licensees. In other words, unless you are sitting in your own driveway in your vehicle, there are very limited places where you are legally able to have an open container of alcohol in the passenger part of your vehicle.
What Happens if You Get Caught
In order for police to pull you over, they have to have reasonable suspicion that you are committing a crime. For example, if you run a light or are driving erratically, or if they see you taking a swig of a bottle, they can pull you over. If, during that stop, they see that you do indeed have an open container of alcohol, you can face a fine for that offense — as well as any additional fines or criminal penalties for any other criminal acts with which you may be being charged.
The penalty for an open container in Massachusetts is a fine of between $100 and $500. If the individual involved is under 18 years of age, they will also face a license suspension. Note that if you are suspected of Operating Under the Influence (OUI), you could be charged with an OUI offense, which carries far more severe penalties.
Defenses and Exceptions
If you’ve been charged with violating Massachusetts open container law, you should consult an attorney. It’s important to note that there are certain exceptions and defenses to the law. For example, you are allowed to transport an open bottle of wine that was purchased at a restaurant, so long as it has been resealed. It’s also allowable to have open containers in vehicles that are designed for transporting persons for compensation (e.g. private bus companies), as well as house trailers.
Call an Attorney Today
For help with your legal case and to learn more about the defense options that may exist, reach out to The Law Office of Paul R. Moraski. You can reach out to our law firm online or by phone for a consultation to learn more about how to protect your rights.