What is the difference between an open container violation and a DUI?

The difference between an open container violation and DUI in Florida is significant. An open container violation is a civil infraction, which usually carries a fine and potential loss of driving privileges. A DUI (Driving Under the Influence) is a criminal charge and carries much more serious consequences. An open container violation occurs when an individual possesses an open container of alcohol while in a vehicle. This can be an open bottle of beer, wine, or liquor, and it can be in the driver’s possession, or in the possession of any other person in the vehicle. It is illegal to have alcohol open or unopened in the passenger area of the vehicle, including the glove compartment, center console, and trunk space. A DUI is a much more serious offense for driving under the influence of drugs or alcohol. A DUI can be charged when the driver has a blood alcohol content (BAC) of .08 percent or greater. In addition to fines and jail time, a DUI can lead to the suspension of the driver’s license, higher insurance premiums, and mandatory participation in a drug or alcohol treatment program. In Florida, an open container violation is treated as a non-moving violation and does not result in any points on the driver’s license. A DUI, however, is a moving violation and results in a minimum of six points on the driver’s license. Points can add up quickly, leading to a suspension of the driver’s license.

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What is the difference between an open container violation and a DUI?

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