Driving with an open container and driving while inebriated are two different offenses. However, driving with an open container can lead to a DUI charge or, in some cases, make the penalties even worse.
What are North Carolina’s open container laws?
In North Carolina, it is illegal to have an open container of any intoxicating beverage in the passenger area of your car, including the driver’s seat. A container with a broken seal is considered open, even if the contents are still intact.
This rule applies if you are on a highway or a highway right of way, even while parked. There are only a few exceptions:
- If you are transporting alcohol in the trunk or behind the last upright seat
- If the container is in the passenger area of a “for hire” vehicle, such as a limousine, taxi or party bus
- If the container is in the living area of a motor home
Prohibitions differ based on the type of alcohol you’re carrying. The most important thing is to avoid having any open containers of alcohol in your car’s passenger area.
Can an open container lead to a drunk driving offense?
If the police spot you with an open container in the passenger area of your vehicle, such as your cup holder, they may conduct more investigation. An open container can be enough probable cause to determine if you are driving drunk.
For example, the police may conduct field sobriety tests or a breathalyzer test. If you pass, they may not charge you with DUI. However, keep in mind that having an open container is an offense in and of itself.
But suppose you do not pass the breathalyzer or field sobriety test. In that case, an open container may suggest you were drinking while driving. This can make penalties worse. The police may charge you with both DUI and violating the open container law.
How can you avoid these charges?
Always employ responsible drinking. If you are intoxicated, leave your car somewhere safe and find another way to get home, such as a taxi or an Uber.
As for open containers, be sure to store them in your trunk or behind the last upright seat of your car if you have a hatchback. If you want to transport alcohol in the passenger area, do not break the seal.
Prevention is always better than cure. But if you are already facing these charges, consider talking to a DUI attorney right away. They can assess your situation and help you mitigate the worst outcomes.