Open Container | Salt Lake City, Provo, Ogden | Defense Attorney

In Utah, it’s illegal to have an open container (of alcohol, obviously) in the “passenger area” of your car or boat.  It’s a Misdemeanor C offense, so possible penalties include up to 90 days in jail and a $750 fine (plus surcharges).

Here’s some frequently asked questions:

So if there any way to legally transport an open container of alcohol in my car?

It depends on what type of car you have. Seriously. You see, it’s only illegal to have an open container in the “passenger area” of the car, which is defined as the area “accessible to the operator and passengers while traveling, including a utility or glove compartment.”  If you’ve got a Subaru Wagon (and who doesn’t around here), you might be out of luck because there isn’t really an area not “accessible” to the operator and passengers while travelling.  But if you’ve got a rocket box on that Subaru wagon (and who doesn’t around here) you could keep the bottle up there.  A trunk is fine, too, as long as you can’t access it from the inside of the car.

Will I actually go to jail for 90 days if I’m convicted of Open Container?

It’s highly, highly doubtful.  A particularly cantankerous judge could send you away if he/she wanted, but much more likely is just a fine.  Perhaps the biggest problem is the criminal record that results from pleading guilty to any misdemeanor.