Colorado Open Container Attorney

In Colorado, it is against the law to have an open container of alcohol in your vehicle. An open container charge can come with fines and a spot on your record, among other potential penalties.

What is the Statute?

Under CRS 42-4-1305, a person in the passenger area of a motor vehicle (anyone in the car), cannot knowingly:

1. Drink an alcoholic beverage
2. Have an open alcoholic beverage container in the vehicle

What constitutes an “open alcoholic beverage container”? It means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and has been opened and has contents missing.

Where is considered the “passenger area” in a vehicle? The passenger area in a vehicle is any area that is readily accessible to the driver or a passenger while in his or her seated position, including but not limited to the glove compartment.

Possession by a Passenger, other than the driver or front seat passenger, does not apply to living quarters in motor vehicles. Examples of this are places such as in a house couch, house trailer, or motor home. It does also not apply to alcohol that is contained in the trunk area of a car.

What is the Punishment?

An open container in a motor vehicle charge is considered a class A traffic infraction and is punishable by a fine of fifty dollars and a surcharge of sixteen dollars. The severity of the punishment, while within the confines of the law as it is written, is decided by the judge reviewing the case, within his or her discretion.

How Can You Fight It?

If you have been cited with an open container in a motor vehicle in the state of Colorado, there are a few ways Weber Law can fight for you. Whether it is negotiating to lower the charge to a lesser crime, reducing your fine amount, making sure the charge does not go on your record, or defending you at trial, Weber Law will work for you every step of the way. By using defenses that have been successful in the past, for example, not knowing what you were in possession of, or the container being found during an illegal search, Weber Law will create a strong defense for you. At Weber Law we are experienced in defending these types of charges, winning these types of cases, and getting you back to everyday life. It is always a good idea to seek legal advice when you have had a run in with the law, no matter how little the charge may seem; there may be information you do not know about, which could change the outcome of your case. If you or anyone you know has been cited with an open container in a motor vehicle in the state of Colorado, call Weber Law today for a consultation.

• C.R.S. 42-4-1305, Open alcoholic beverage container
• CRS 42-4-1701, Traffic offenses and infractions classified- penalties-penalty and surcharge schedule