OPEN CONTAINER LAWS

THE LAW

Generally speaking, you cannot have an opened container of alcohol in a public place or in a car - whether it is moving or not - (subject to several exceptions, such as places where there was a permit issued or in a limo, for example). Ohio Revised Code 4301.62(B) states "No person shall have in the person's possession an opened container of beer or intoxicating liquor in any of the following circumstances:

  • (1) Except as provided in division (C)(1)(e) of this section, in an agency store;
  • (2) Except as provided in division (C) of this section, on the premises of the holder of any permit issued by the division of liquor control;
  • (3) In any other public place;
  • (4) Except as provided in division (D) or (E) of this section, while operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking;
  • (5) Except as provided in division (D) or (E) of this section, while being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.

THE PUNISHMENT 

A conviction for Open Container is a minor misdemeanor (the lowest in severity). It carries a maximum fine of $150, plus court costs. 

TIPS TO AVOID CONVICTION

  • Do not keep open or previously opened liquor bottles or beer cans in the passenger part of your vehicle;
  • Store liquid in a container such as a solo cup or water bottle if the original container has been opened; 
  • Don't walk around on public sidewalks or in public places with alcohol in your hand; and 
  • Call your lawyer if you have any questions!

We provide no charge issue assessments at your place or ours. Call/text Leslie at 614.403.7356 or email Leslie@AWLawOhio.com