Orange County Open Container Defense Attorney

California Rules for Open Alcohol Containers

California law treats possession of an opened alcoholic beverage separately from how the container is stored in a vehicle. The applicable Vehicle Code section, vehicle type, container location, and occupants can all affect the allegation.

Possession Under Vehicle Code Section 23223

California Vehicle Code section 23223 addresses possession by a driver or passenger of a container that has been opened, has a broken seal, or has had some of its contents removed. Our review considers who allegedly possessed the container and where each occupant was seated.

Storage Under Vehicle Code Section 23225

California Vehicle Code section 23225 generally addresses storing an opened alcoholic beverage container in the trunk or another area not normally occupied by the driver or passengers. A glove compartment is treated as part of the occupied area. Different provisions or exceptions may apply to certain for-hire vehicles, house cars, campers, parked vehicles, and people under 21.

How We Examine the Citation, Stop, & Vehicle Search

A citation shouldn’t be assessed from the container alone. We examine the officer’s reason for initiating the stop, where the item was found, and the legal basis for any vehicle search.

Issues we may examine include:

• Container condition: Whether the container met the applicable statutory definition.
• Possession: Whether the evidence identifies the driver or a passenger as possessing it.
• Location: Whether the container was in the passenger area, trunk, or another storage compartment.
• Police conduct: Whether the officer had a lawful basis for the traffic stop and subsequent search.
• Supporting evidence: What the citation, police report, photographs, witness accounts, and available camera footage show.

When the Citation Accompanies a DUI Arrest

A related DUI investigation requires a broader review of the officer’s observations and each step leading to the arrest. Vincent Tucci is certified in Standardized Field Sobriety Tests under National Highway Traffic Safety Administration standards. He is also certified in the administration, calibration, and maintenance of the Intoximeter Alco-Sensor IV preliminary alcohol screening device.