What are the penalties for an open container violation?
In California, the penalties for an open container violation are dependent on the individual’s specific violation. According to the California Vehicle Code, there are two basic laws related to open containers: 1) an open container of alcohol cannot be in the possession of the driver and 2) an open container of alcohol cannot be present in the passenger area of the vehicle. The specific penalties for an open container violation can range from a small fine to a lengthy jail sentence and license suspension. Generally, an open container violation results in a fine of $250 for a first offense and a fine of $500 for a subsequent offense. Additionally, if a driver is found to be driving under the influence, they can face harsher penalties such as a jail sentence of two days to six months, a license suspension of one-to-three years, and a monetary fine of up to $1,000. In any case, the best advice is to keep all alcoholic beverages out of the driver’s reach and the passenger area of the vehicle. Doing this not only helps you to avoid the legal consequences, but more importantly, it can help to prevent a potential drunk driving accident and save lives.
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