California 'open container' drunk driving laws

Rohit Khare (rohit@uci.edu)
Wed, 11 Mar 1998 17:38:39 -0800


[This took a staggering amount of web surfing to find the genuine text
of the california vehicle code... The main problem is that transporting
scotch, etc to a perty seems reasonable enough in the back seat, behind
the driver, but it's technically been uncorked/unsealed already.

Of course, that's why it's sold in brown paper bags, no? There's no
probable cause for them to enter your vehicle and inspect if you're
sober. And my backseat's a mess anyway :-) --RK]

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23152-23229.1

23223. No person shall have in his or her possession on his or her
person, while in a motor vehicle upon a highway, any bottle, can, or
other receptacle, containing any alcoholic beverage which has been
opened, or a seal broken, or the contents of which have been
partially removed.

23225. It is unlawful for the registered owner of any motor
vehicle, or the driver if the registered owner is not then present in
the vehicle, to keep in a motor vehicle, when the vehicle is upon
any highway, any bottle, can, or other receptacle containing any
alcoholic beverage which has been opened, or a seal broken, or the
contents of which have been partially removed, unless the container
is kept in the trunk of the vehicle, or kept in some other area of
the vehicle not normally occupied by the driver or passengers, if the
vehicle is not equipped with a trunk. A utility compartment or
glove compartment shall be deemed to be within the area occupied by
the driver and passengers.
This section shall not apply to the living quarters of a housecar
or camper.

23226. It is unlawful for any person to keep in the passenger
compartment of a motor vehicle, when the vehicle is upon any highway,
any bottle, can, or other receptacle containing any alcoholic
beverage which has been opened, or a seal broken, or the contents of
which have been partially removed.
This section shall not apply to the living quarters of a housecar
or camper.