Washington State Open Container Laws

Open container laws state that a driver or passenger must not possess or consume an open container of alcohol while on a public roadway. All open containers must be out of reach and should be transported in the trunk of the vehicle. If you have been charged with violating Washington State open container laws, you may want to consider speaking with an experienced traffic defense lawyer.

The Transportation Equity Act for the 21st Century (TEA-21), which details the guidelines for open container laws, was passed by the federal government. Although states are given the authority to decide whether or not they would enact open container laws, states without such laws are required to use a portion of their federal highway funding for alcohol education.

Open container laws state that no open alcohol containers, including bottles, cans, or other receptacles, can be located in the passenger area of a vehicle, including a locked glove box or other area that is accessible to passengers. This law applies to all alcoholic beverages, including wine, beer, or spirits. Washington State open container laws do not apply to passengers in vehicles that have been chartered for group use, such as a limousine, or those in the living quarters of a camper or mobile home.

The state’s open container law requires primary enforcement, which means that an officer may pull you over if he or she sees you with an open container of alcohol. There does not have to be probable cause for another offense in order for the officer to enforce the open container law.

If you are charged with violating the open container laws in Washington, you may be subject to a fine. However, if you have the odor of alcohol on your breath or person when contacted at the vehicle by law enforcement, you may be arrested for DUI or for being in physical control of a vehicle while under the influence.  These are very serious offenses, that can never be expunged, which upon conviction, result in mandatory jail time, fines, license suspension or revocation, ignition interlock device requirements and other serious consequences.

If you have recently been issued a ticket for possessing an open container, contact Callahan Law. Our experienced attorneys can help you fight the charge in an effort to have your case dismissed or to secure the best possible outcome for your case.

Call us today, and do not delay because your case may be sent to a collections agency and possibly, you may lose your driver’s license for failing to respond to a citation within the time allotted.