Open Liquor in a New Port Richey DUI: Does This Add to My Penalties?

During a traffic stop in New Port Richey, you may face accusations of both open liquor violations and driving under the influence (DUI). What is the connection between these two offenses? Could you face heightened penalties if you face DUI and open container charges? These are questions you might want to explore with an experienced DUI defense attorney in New Port Richey.

Open Container Violations and DUIs Are Two Separate Offenses

First, it is important to note that an open container citation is a separate offense. You can face open container charges in addition to your DUI charge. You might also face one charge but not the other.

Under Florida law, it is illegal to have an open container of alcohol in your vehicle while driving on a public roadway. Note that this applies not only to the driver, but also to other vehicle occupants. Even if you’re not driving the vehicle, you could still face a charge for having an open container while seated as a passenger. You might also face charges if one of your passengers has an open container in your vehicle.

With all that said, an open container citation is a “noncriminal” traffic violation. In other words, it is more like a traffic ticket than an actual “crime.” As such, you may not face the possibility of jail time if you are caught with an open container of alcohol in Florida. Instead, you might face a fine and points added to your license. If you repeatedly commit this offense, more severe penalties might apply.

How Does an Open Container Affect My DUI Charge?

If the arresting officer finds an open container of alcohol in your vehicle, this may become evidence in your subsequent DUI case. The court could interpret the open container as a sign that you recently consumed alcohol. As a result, it may be more difficult to fight your DUI charges in court.

That being said, there are a few ways you can legally transport an open container of alcohol in Florida. First, you can put the open container in a locked glove compartment. Secondly, you can put the open container in your trunk. If you meet these requirements, your open container should not affect your DUI case because you didn’t break any laws.

Other strategies could also call into question the legitimacy of the search and the traffic stop. If police had no valid reason to pull you over in the first place, the presence of an open container could be inadmissible evidence. Police might have also lacked the right to search your vehicle.

Can a New Port Richey DUI Lawyer Help Me?

A New Port Richey DUI lawyer may be able to help if you face allegations of having open liquor in your vehicle, driving under the influence, or both. An open container citation can add new penalties while complicating your DUI case. However, effective defense strategies might be possible. Contact Athanaselos & Associates, P.A. for more information.

Source:

 leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1936.html