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 while operating a vehicle, or while riding as a passenger in a vehicle, on any public highway or right-of-way in the state. An "open container" is legally defined as any bottle, can, or other receptacle containing any amount of alcohol that is immediately capable of being consumed, or which has a broken seal. To prevent violations, any open alcoholic beverage must be stored in a locked glove compartment, trunk, or behind the last upright seat of a vehicle that does not have a trunk, completely out of reach of the driver and passengers.
This law distinguishes between drivers and passengers, though both can face penalties. If a driver is caught with an open container, they face a noncriminal moving violation, which carries a fine and points on their driving record. If a passenger is found in possession of the open container, they are charged with a noncriminal nonmoving violation, which carries a slightly lower fine and no points. Certain licensed commercial vehicles, such as limousines, motor homes, and buses, are exempt from this statute, allowing passengers in the designated cabin areas to legally possess open containers.
How Open Container Violations Impact Pretrial Release
Because a standard open container violation under Florida Statute Section 316.1936 is a noncriminal traffic infraction rather than a criminal offense, it does not result in an arrest or require a bail bond. Instead, law enforcement issues a civil citation. However, an open container often serves as the primary probable cause for officers to initiate a driving under the influence (DUI) investigation. If the driver is subsequently arrested for DUI, a criminal offense, they will be taken into custody and must secure pretrial release or post a bail bond according to the local county bond schedule.