According to a survey published by Pew Research Center in January 2024, 62% of American adults say they drink alcohol. The highest number of drinkers is within the 35 to 54 age group (66%), followed by those aged 18 to 34 (58%).
Drinking in moderation is alright, provided you do so at the right time and in the right place. In Florida, for instance, drinking in the wrong place, such as a car (even a parked one), can be a breach of open container laws. Depending on the circumstances surrounding the case, you may find yourself facing hefty fines and even jail time.
In this guide, the experienced legal professionals at RHINO Lawyers will explore Florida drinking regulations and traffic violations. Read on to discover facts about getting caught with an open container of alcohol in the state.
Open Container Laws in Florida
According to Bankrate’s 2025 drunk driving statistics, data from the National Highway Traffic Safety Administration (NHTSA) reveals that around one person dies every 39 minutes in the U.S. due to drinking and driving. Each year, over 11,000 people lose their lives as a result of drunk driving incidents. Bankrate also cited statistics for Florida: In 2022 alone, the state had 3,530 alcohol-related traffic fatalities, the third highest among all states.
Given the deadly consequences of driving under the influence of alcohol, Florida enforces strict alcohol-related driving laws.
Florida Statutes Title XXIII Chapter 316 Section 1936 governs the state’s open container laws. By law, an “open container” refers to any container containing an alcoholic beverage that a person can immediately consume from or has a broken seal.
Any person in Florida possessing an open alcoholic beverage container while driving or operating a vehicle is in breach of this law. The same goes for a passenger.
Florida’s road-related alcohol consumption laws consider an open container of an alcoholic beverage to be in someone’s possession if the person has physical control over it or if it’s not in:
- A locked glove compartment
- Locked trunk
- A locked non-passenger section of the motor vehicle
In short, alcohol consumption laws in Florida prohibit people who are either driving, in physical control, or a passenger of motor vehicles from possessing, consuming, or transporting alcohol in unsealed containers that are not locked away.
What About Parked Vehicles?
Florida’s open container laws also make it illegal to have open containers of alcoholic beverages in a car parked in a place open to public travel. Examples include but are not limited to:
- Alleys
- Streets
- Highways
- Sidewalks
- Bridges
- Tunnels
If you’ve parked your vehicle on private property (e.g., a private driveway or garage), you can drink while sitting in the parked car.
Are There Any Exceptions?
Yes. Florida Statutes § 316.1936 doesn’t apply to passengers of a commercial vehicle. Examples are:
- Buses
- Taxi cabs
- Any other commercial vehicle that provides transportation for passengers and whose drivers hold a valid commercial driver’s license
Passengers of self-contained motor homes measuring over 21 feet in length are also exempt from Florida’s open container laws.
Florida Open Container Penalties
Any person who operates a motor vehicle and violates Florida Statutes § 316.1936 is guilty of a non-criminal moving traffic violation. Passengers in violation of the state’s open container laws are guilty of nonmoving traffic violations.
Florida Statute Title XXIII, Chapter 318 governs the punishments associated with such traffic violations.
A driver convicted of violating the state’s open container laws for the first time will face a fine of up to $90. A passenger’s fine, on the other hand, can be up to $60 for a first offense.
Some counties and municipalities also impose harsher punishments. An example is Miami-Dade County (per Ordinance Section 30-210.1). Violating open container laws here can result in the following penalties:
- First offense: A fine of $25 to $200, up to 10 days imprisonment in the county jail, or both fine and jail time
- Second offense: A fine of $50 to $250, up to 10 days imprisonment in the county jail, or both fine and jail time
- Subsequent offenses: A fine of $75 to $500, up to 30 days imprisonment in the county jail, or both fine and jail time
It’s also vital to note that even non-criminal traffic violations can impact driving records. They can affect future driving privileges and cause insurance rates to increase.
Getting caught with an open container of an alcoholic beverage can also prompt a law enforcement officer to pursue a Florida DUI case investigation. An example is if the officer has probable cause that the driver or passenger has been drinking. Another is if the offender displays obvious indications of intoxication.
What to Do When Facing an Open Container Violation
Suppose you or someone you care about is facing a charge for violating open container laws in Florida. In that case, the first step is to seek professional legal advice from a highly experienced DUI defense attorney.
A DUI defense lawyer will inform you of all your rights and potential defenses for an open container violation. They’ll review all the facts, evidence, and circumstances surrounding the incident. They’ll then use their findings to develop the best course of action, which may involve challenging the charges or negotiating a plea deal.
A potential defense that a highly skilled and experienced attorney may use is that the accused did not know of the open container’s presence in the vehicle. Another is if the adult driver or passenger had no intention of drinking the beverage and their blood alcohol content (BAC) was 0.0% or under 0.08% (the legal BAC limit for drivers 21 or older in Florida). An illegal search conducted by a law enforcer may also be a solid defense.
RHINO Lawyers Can Help
Open container laws in Florida exist to help with public safety and mitigate the dangerous, even deadly consequences of drunk driving. However, individuals charged with violating these rules still have the right to due process. In some cases, law enforcement officers may inaccurately charge them or even conduct illegal vehicle searches.
RHINO Lawyers can help if you or a loved one is facing a charge or conviction for violating Florida’s open container laws. Our attorneys have decades of combined experience in handling and representing individuals who’ve been in the same situation. We’ll use our knowledge, expertise, and skills to fight for and protect your rights and achieve the best possible outcome.
Contact us today so we can get started with your free case review.
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RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
