Category: Traffic Offenses · Statute: F.S. 316.1936 · Source: Florida Legislature
Understanding Open Container Law in Florida
Under Florida Statute Section 316.1936, it is unlawful for any person to possess an open container of an alcoholic beverage or to consume an alcoholic beverage while operating a vehicle, or while riding as a passenger in a vehicle, on any public road or highway. An "open container" is defined as any bottle, can, or other receptacle containing any amount of alcoholic beverage that is open, has a broken seal, or has had its contents partially removed. To comply with the law, any unsealed alcohol must be locked in a glove compartment, stored in a trunk, or placed in another non-passenger area of the vehicle where it is not readily accessible to the driver or passengers.
This law distinguishes between drivers and passengers, but both can face penalties. If an open container is found in a vehicle, the driver is typically cited if the container is in their possession or readily accessible. However, if the open container is in the physical possession of a passenger, the passenger will receive the citation. Florida law provides specific exemptions for passengers riding in commercially licensed vehicles, such as buses, taxicabs, limousines, or the living quarters of a self-contained motor home or recreational vehicle.
Bail and Pretrial Release for Open Container Violations
Because a violation of Florida's open container law is classified as a noncriminal traffic infraction rather than a criminal offense, it does not result in an arrest or require a bail bond. Violators are issued a civil citation and face a fine. However, open container violations frequently occur alongside criminal offenses such as Driving Under the Influence (DUI). If an open container leads to a DUI arrest, the driver will be taken into custody, and pretrial release or bail will be determined based on the DUI charge rather than the civil infraction.