Latest News

A guide to open container law in New York

open container law

Here’s A guide to open container law in New York. When it comes to New York police officers, they are really serious about drinking and driving. Usually, they conduct the field sobriety test if they get any sort of indication that a driver is drunk and driving. Even if they do not get any kind of empty cans in the car or cannot smell alcohol, the field test shall still be conducted for confirmation.


This test can allow the officer to evaluate the driver’s impairment level, respective to the surroundings.


At times, circumstances include open containers, which are illegal in New York State. When the open container citations are used, technicalities matter a lot in New York. When open containers citations are used in the form of an additional charge in a DWI arrest, an experienced New York criminal defense lawyer can actually help you out.


Open container technicalities


According to the New York law, drinking while driving on the public Highway is entirely illegal. Conventional passenger vehicle occupants are not allowed to drink while riding. But there is a certain exemption for vehicles designed to carry more than ten riders.


Besides, any canisters that used to previously contain alcohol are not considered illegal. Open container must have alcohol as well as being in the passenger’s possession or the driver’s possession when the officer spots the violation.


Open container law in New York


In New York it is illegal to drink or carry an open alcohol container in a public place. It applies to passengers and drivers in a car even when the vehicle is not in a running state. You can legally transport an open alcohol container in your vehicle when it is not stowed in the trunk.


Enhanced charges


According to the NY open container laws, open container charge is prosecuted normally as a non-criminal offense that summons you to court in lieu of arrest. This charge associated with other kinds of citations can be differently handled, like having an extra filing for public intoxication as well as DWI.


Prosecutors do have the authority to enhance the charges to even criminal status, if the material case allowed. In many cases, compounded charges are quite common, and the professional DWI attorney can understand when the prosecution is attempting to stack the charges and use the issue for case negotiation.




Even a simple conviction for an open container charge can make you appear in court for paying the associated fine. Usually, it is not treated as any sort of crime. However, in some criminal cases, open containers legal issues become the central focus point of the case.


Serious charges can even lead to jail if the defender is not able to come up with solid representation from. An experienced DWI defense lawyer who can draft an argument for reasonable doubts. Open container charges can also impact punishment stemming from other kinds of charges in a solid, strong prosecuted case.


Stay tuned if you want to know more details about the open container laws in New York.


To Top

Pin It on Pinterest

Share This