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Deep Dive into New Jersey’s Open Container Statute and Violations

Statutory Provisions for Open Containers and What Violating 39:4-51b in NJ Could Mean for You

Common Misconceptions Surrounding Open Container Laws in New Jersey

Most people assume that a DWI can get you arrested in New Jersey. You may not drive under the influence of alcohol or drugs on New Jersey’s roads. Most are also aware that it is illegal to drive with an open container, but many are mistaken in their assumption that a DWI and having an open container in your vehicle constitute a singular violation of New Jersey’s statutes. However, they are distinct legal violations and their respective penalties reflect as much.

Key Distinctions between DWI’s and Open Container Violations

The differences between a DWI and an open container violation boil down to the nature of each violation and the severity of punishment. While both are traffic violations, a DWI occurs when you drive impaired with alcohol or drugs in your system. Impairment is measured by a blood alcohol concentration level or by other factors for a drugged driving DUI.

A separate traffic violation is having an open or unsealed container of alcohol or marijuana in your vehicle. The primary distinctions between the two involve the consumption or possession in a moving vehicle (open container violation), versus the operation or intended operation of the vehicle, and driver’s impairment (in the case of a DWI). In other words, you could have an open container but not be legally impaired and, therefore, probably will not face DWI charges. On the other hand, you can get a DWI without having an open container in your vehicle. These charges may exist in isolation or in conjunction with each other.

Another crucial difference is the penalties associated with each. A DWI is a more severe offense, meaning your sentence may include jail time, suspension of your driver’s license, an ignition interlock device, community service, insurance surcharges, and more. An open container violation is a traffic violation penalized by fines and a notation of the charges on your driving record.

One key similarity to be aware of, however, is that neither a standard DUI or an open container violation is a crime in the traditional context. Both are considered motor vehicle violations that do not result in a criminal record.

Demystifying the New Jersey Open Container Statute

Title 39 of the Motor Vehicles and Traffic Regulation, Section 39:4-51b, prohibits anyone in a vehicle on the public roadways from having an open or unsealed container of alcohol or cannabis. The open or unsealed container implies the alcohol or marijuana is ready and available for consumption. The statute defines “open” as unsealed or a broken seal; for example, a beer bottle is uncapped, or the alcohol or marijuana is in a cup or container other than the original one.

Are All Open Containers in a Vehicle or Vessel Illegal in NJ?

Not all open containers in a vehicle are illegal, as there are exemptions applicable in specific scenarios. Section 39:4-51b states that the law does not apply to passengers of chartered or special buses or limousines. So, passengers on a tour bus do not violate the law when they have an open container. This makes sense, as presumably, the individual who charters a limo not involved in operating the vehicle.

Likewise, carrying open containers in a vehicle’s trunk is an exception to the law. When a vehicle has no trunk, the open container is not illegal if it is inaccessible and placed behind the last upright seat. The portion of a motor home, camper, or house trailer behind the cockpit is also an acceptable place for open containers.

Since a non-alcoholic beer is like any non-alcoholic beverage, it is not subject to the open container law. However, you may have to prove that the beer is non-alcoholic if law enforcement stops you. Importantly, passengers are not exempt from the open container statute’s rules. The law applies to both drivers and passengers with open containers, and as such, a passenger may not have an open container in a vehicle.

If I get a Ticket for an Open Container in NJ, What am I Facing?

Anyone convicted of violating N.J.S.A. 39-4:51b for the first time must pay a $200.00 fine. A second conviction raises the fine to $250.00. Alternatively, a judge may order the offender to perform ten days of community service. Subsequent violations worsen the repercussions for offenders, as is also the case when someone is charged with a DUI.

Can You Handle an Open Container Violation on Your Own in New Jersey?

You might think that paying the fine for an open container is acceptable and that a lawyer is unnecessary. However, consider that your charges appear on your driving record, which could affect your insurance premiums or driving privileges when you have other charges as well or existing traffic violation points on your driving record.

Additionally, remember that your charges may include a DWI when you are arrested for allegedly driving while drinking alcohol or using marijuana. Whether you drink or smoke while driving or before getting behind the wheel, you are likely to be charged with a DUI, immediately heightening the predicament you are in. Though .08% blood alcohol concentration is the measure of legal impairment, you can still face charges, a DWI, or other driving infractions.

Further, just having alcohol in the car, sealed and opened, is enough for law enforcement to charge you with underage drinking or possession of alcohol when you are under 21. In that case, you may pay much higher fines than those for an open container offense. A DWI conviction means you pay a fine more than twice the fine for an open container, drive with an ignition interlock device, pay insurance surcharges, and attend driver education courses at a state-approved IDRC. The costs in money, time, and reputation can be devastating.

The Advantages of Having an Attorney Handle Your Open Container or DUI Case in South Jersey

Consider consulting with an open container and DWI defense attorney for advice. The diligent lawyers at Proetta, Oliver, & Fay can run through the charges you face, the potential outcomes, and the services we can provide to reduce the outcome from the worst-case scenario. You may have viable defenses when you fall under one of the exceptions to the open container law, when your field sobriety or breathalyzer test results are inaccurate, or when your motor vehicle stop and subsequent police procedures were unlawfully performed.

Additionally, charges for driving under the influence of marijuana may be more difficult to prove, so our attorneys may develop a strategy for raising doubt about the accuracy of the police assessment and testimony as to your impairment when they stopped you. Also, the stop itself may be unlawful, which taints the rest of the evidence the police gather against you afterward.

Finally, our skilled legal team may get your charges dismissed for unlawful stops, searches, and seizures or through a global agreement to resolve your case with the prosecutor. Request a free consultation with one of our experienced defense lawyers or call 609-850-8284 to speak with us directly if you face open container or DWI charges in the South Jersey area, including in Pemberton, Riverside, Evesham, Cinnaminson, Mount Holly, Lumberton, Mount Laurel, and nearby communities.