You might have heard that people sometimes face charges because they have a bottle or can of alcohol in their vehicle. Is this true? Might you face charges just because you have been to the store and bought some cans?
The truth is more nuanced than that.
Alcohol needs to be “open” for it to be illegal
As a driver, you are not allowed to be drinking while driving. One rule that is in place to prevent people from doing this is known as the open container law. It gives police officers the authority to charge drivers who have an open bottle or can of alcohol in the car.
In Maryland the officers can apply that law if the container is open, has a broken seal or is missing some of the contents. An open can of beer might well see you charged, as people only tend to drink cans then and there. But so might a half-drunk bottle of wine that you took around to a friend’s last night but corked after a glass. And so might a bottle of Jack that a friend who owns a store gave you because they could no longer sell it due to the broken seal.
What if the open drink is my passengers?
Your passengers might want to drink while you drive. However the open can being theirs would not necessarily excuse you. Rather it could see both of you charged with an offense due to the open container in the passenger area.
Is there any way to transport alcohol legally?
You are allowed to transport alcohol. You just need to make sure it is not in a passenger area. Alcohol that is in the trunk of your car or a locked glove box should be fine, for example. Take great care if your vehicle does not have clearly defined areas.
Remember, too, that if the police see an open container, they are more likely to ask you to perform tests and perhaps to assume that any bad driving they witness is down to alcohol impairment. Both of which could lead to even more serious charges.