New Jersey Open Container Laws: What You Need to Know
If you are caught with an open container of alcohol in your vehicle, you could face serious consequences. Here are some facts and tips to avoid getting into trouble.
What are the open container laws in New Jersey?
In New Jersey, it is illegal for anyone to have an open or unsealed container of alcohol in the passenger area of a motor vehicle. This applies to both drivers and passengers, regardless of whether the vehicle is moving or parked. The passenger area includes any place where a person can sit, such as the seats, the glove compartment, the console, or the floor. The only exceptions are for passengers in limousines, buses, or taxis, or for people who are camping or tailgating in designated areas.
The open container law is a traffic offense, not a criminal offense. However, it can still result in fines, points on your license, and increased insurance rates. The penalties for violating the open container law are:
- A fine for the first offense
- A fine and/or community service for the second or subsequent offense
- Points on your driver’s license
- Possible suspension of your registration or license if you have multiple violations
What happens if you get pulled over with an open container?
If you get pulled over with an open container of alcohol in your vehicle, you should cooperate with the police and follow their instructions. Do not argue, resist, or lie to the officer, as this could make the situation worse. You have the right to remain silent and to refuse a breathalyzer test, but this could also have negative consequences, such as an automatic suspension of your license for up to a year.
The officer will ask for your license, registration, and insurance, and may also ask you to step out of the vehicle. The officer may search your vehicle for other evidence of drinking, such as empty bottles, cans, or cups. The officer may also ask you to perform field sobriety tests, such as walking in a straight line, standing on one leg, or following a pen with your eyes. These tests are designed to measure your balance, coordination, and attention, and can be used as probable cause to arrest you for driving under the influence (DUI).
If you are arrested for DUI, you will be taken to the police station, where you will be fingerprinted, photographed, and given a breathalyzer test. You will also be given a summons to appear in court, where you will face additional charges and penalties. A DUI conviction can result in jail time, fines, fees, surcharges, ignition interlock device, alcohol education program, and loss of your license.
How can you avoid getting into trouble with open container laws?
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Daniel S. Kratka began his legal career as a criminal prosecutor, honing his skills as a formidable trial attorney. He handled hundreds of DUI cases. He used the skills he developed from trying dui cases as a prosecutor to defend clients in DUI cases throughout the State of New Jersey.
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