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Learn More About the DUI Open Containers Enhancement
DUI OPEN CONTAINERS - CVC-23220 ENHANCEMENT
Regarding the DUI Open Containers - CVC-23220 Enhancement, and its related sections that are set forth below, it must be understood that when defending against one of these charges, be sure to carefully read and understand the elements of these various offenses. They are all infractions, except for CVC § 23224, which is a misdemeanor (possession of pot is also a misdemeanor under CVC § 23222(b), but that is not an open container).
- CVC § 23220: No “person” shall drink any “alcoholic beverage” while driving a motor vehicle upon any “highway” or on any “lands.”
- CVC § 23221: No “driver” or “passenger” shall drink any “alcoholic beverage” while in a motor vehicle upon a “highway.”
- CVC § 23222(a): No possession “on his or her person,” while driving, motor vehicle, on highway, any container, with seal broken, with alcohol in it.
- CVC § 23222(b): No possession, while driving, on highway, less than 1 oz. marijuana is a MISDEMEANOR (fine up to $100, plus repeat offender provisions).
- CVC § 23223: No “driver” or “passenger” shall have in his or her possession, while in motor vehicle, on highway, any container, with seal broken, with alcohol in it.
- CVC § 23224(a): No “person under the age of 21,” knowingly, while driving, carry alcohol, except with or under direction of parent or designated adult, or for employment.
- CVC § 23224(b): No “person under the age of 21,” while in motor vehicle, knowingly, possess or under control, alcohol, except with or under the direction of parent or designated adult, or for employment.
- CVC § 23224(c): 1 to 30 days discretionary impoundment of offender’s vehicle.
- CVC § 23224(d): One-year suspension under CVC § 13202.5.
- CVC § 23224(e) (a) and (b): are all MISDEMEANORS (up to $1,000.00 fine and six months county jail).
- CVC § 23225: No registered owner present or driver, may keep, in motor vehicle, on highway or on lands, any container, with seal broken, with alcohol in it, except in trunk. (Or an area not normally occupied by driver or passengers, if no trunk. Glove compartment is a no no. Living quarters of house-car or camper are considered acceptable; however, every case is factually sensitive).
ORANGE COUNTY DUI DEFENSE ATTORNEYS
If you were arrested for DUI in Orange County and also had an open container or open containers in your vehicle at the time of the traffic stop that led to the DUI Investigation, contact Orange County DUI Attorney Peter F. Iocona, Attorney at Law for a Free DUI Consultation.