Dain Smoland, Attorney at Law PLLC
Criminal Defense in Utah
Dain Smoland, Attorney at Law PLLC
Navigation
  • HOME
  • ABOUT
  • PRACTICE AREAS
    • MARIJUANA CRIMES
      • DRUG PARAPHERNALIA
      • POSSESSION OF A CONTROLLED SUBSTANCE
      • POSSESSION WITH INTENT TO DISTRIBUTE
    • CIVIL RIGHTS LAWSUITS
    • DRUG CRIMES
    • DUI
      • Alcohol DUI
      • Metabolite DUI
    • JUSTICE COURT
    • OUT-OF-STATE CLIENTS
    • TRAFFIC CRIMES
      • Metabolite DUI
      • Alcohol DUI
      • Reckless Driving
      • Alcohol Restricted Driver Charges
      • DL Hearings
    • THEFT CRIMES
    • ALCOHOL CRIMES
      • Intoxication
      • Minor in Possession
      • Open Container
    • ASSAULT CRIMES
    • TRESPASSING CRIMES
    • EXPUNGEMENTS
    • MISDEMEANORS
    • FORFEITURE
    • 402 REDUCTIONS
  • MARIJUANA
    • POSSESSION
    • PARAPHERNALIA
    • INTENT TO DISTRIBUTE
  • FAQs
  • TESTIMONIALS
  • CONTACT

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

BeerIn 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.

 

About My Firm

Picture not loaded

Marijuana Crimes

Image not uploaded

Expungements

image not loaded

Alcohol Crimes

image not loaded

Traffic Crimes

image not uploaded

Theft Crimes

image not loaded

Assault Crimes

image not loaded

Local Court Info

Image not uploaded

Rates

Image Not Loaded

Quick Contact Form

Note: Submitting this form doesn't make me your lawyer or obligate you to pay me anything. It's just an easy way to get in touch.
Recognition for Dain Smoland's NORML Membership

Some Posts from My Blog

  • Utah Legislature Temporarily Suspends Expungement Filing Fees!
  • Parolees Become Eligible for 402 Reductions in Utah
  • Utah’s “Clean Slate” Law, and Automatic Expungements
  • Utah Legalizes Medical Marijuana! Kinda! Sort Of!
  • Utah Eases Expungement Eligibility, Especially for Prior Drug Convictions!

Courts Where I Take Cases

I am licensed to practice criminal law anywhere in Utah, but my office is in Salt Lake City so I focus my defense practice on Salt Lake County and the surrounding counties: Weber, Davis, Utah, Summit, Wasatch, Tooele.

That includes any of the state, city, or federal courts located in Salt Lake City, West Jordan, South Jordan, West Valley, Heber, Park City, Provo, Ogden, Farmington, Bountiful, Holladay, Cottonwood Heights, Murray, Millcreek, South Salt Lake, Grantsville, Tooele, Orem, American Fork, Sandy, Draper, Centerville, Layton, Kaysville, and anywhere else within an hour's drive of Salt Lake. I'll also go down to Carbon County (Price and Helper), because I like that drive!

For locations in Utah outside that area, just contact me and we'll talk about it.

Categories of my blog posts

  • 402 Reductions
  • Constitutional Law
    • Fifth Amendment
    • Search and Seizure
  • Drug Laws
    • Marijuana Laws
  • Expungement Law
  • Interesting Legal News
  • Theft Laws
    • Shoplifting
  • Traffic Laws
    • Driver's License Laws
    • DUI Laws
  • Uncategorized

© 2023 Dain Smoland, Attorney at Law PLLC, a Salt Lake City Criminal Defense Attorney