A 31 year old Park Hill man was taken into custody in April of 2021. Police initially saw him driving erratically. Upon stopping the man, they discovered an open container of liquor in a backpack on the floorboard. Although the man will likely face DUI charges, he is also facing charges on transporting an open container. Open container laws are far-reaching in Oklahoma. This article will explain those nuances in detail.
Oklahoma Laws: Transporting Open Container
Oklahoma has two separate, but intertwining statutes regarding transporting open containers in the State. The first is Title 21 § 1220:
“…it shall be unlawful for any operator to knowingly transport or for any passenger to possess in any moving vehicle upon a public highway, street or alley any intoxicating beverage or low-point beer,….except in the original container which shall not have been opened and from which the original cap or seal shall not have been removed….”
This statute does provide an exception to anyone driving a limousine or bus. However the container must be out of reach of the driver and the driver must not partake. Title 37 §537(A)7 is the second Oklahoma Statute. This reiterates most of Title 21’s though:
“Knowingly transport in any vehicle upon a public highway, street or alley any alcoholic beverage except in the original container which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed, unless the opened container be in the rear trunk or rear compartment….”
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For further explanation, the “in-reach” clause of the law applies to passengers as well. Passengers and drivers must not have access to the open container while the vehicle is in motion. It is also important to note, that even if you are not drinking the alcohol, but the seal is broke on the container, you may still face charges on transporting an open container.
If you are driving with an open container, it is wise to put it in the back of your vehicle. The trunk, spare tire compartment, or the bed of a pickup are all legal options. This will ensure you cannot face transporting of an open container charges.
Punishment For Transporting Open Container
Charges of transporting an open container generally result in misdemeanor penalties. In Oklahoma this is generally subject to a jail sentence of 6 months and a fine reaching $500. However, transporting charges often couple with other—more severe—charges.
Criminal Defense Help in Wagoner
Our Wagoner criminal defense attorneys know that sometimes, possessing an open container is accidental or even the result of a passenger’s actions. While you cannot control all the circumstances, you can hire competent legal counsel to help you out of them. For a free consultation with a criminal defense attorney at Kania Law – Wagoner Attorneys, call 918-283-7394. Or you can follow this link to ask an online legal question.
