Is it OK in Ohio for someone to drink alcohol in the car while you’re driving? What the law says
Whether you’re looking to take a “roadie,” a “traveler” or a “go-cup,” you should know you’re breaking the law. Any alcohol you consume in the car can get you in big trouble and any riders and drivers should remember it’s illegal to drink while someone else is driving in Ohio.
Ohio open container laws
Specifications:
A passenger cannot legally drink alcohol in a moving vehicle. Open container laws strictly prohibit both drivers and passengers from possessing or consuming open alcohol in cars, whether the vehicle is moving or parked on public roads
Ohio Code Section 4301.62 says “ No person shall have in the person’s possession an open container of beer or intoxicating liquor while operating or being a passenger in or on a motor vehicle. , or
- An open container is defined as any opened can, bottle, or other container of beer or intoxicating liquor.
- The law applies to any street, highway or other public or private property open to the public for purposes of vehicular travel or parking.
Exceptions:
Certain vehicles, designed for group transportation that can be hired for compensation, may be exempt from the open container law, as well as some designated containers.
- Chauffeured limousines: passengers in the rear of a hired limo, as long as they aren’t sitting in the front
- Resealed wine: Wine bottles resealed by a licensed seller and stored in the trunk are not considered an open container
Penalties include:
- A minor misdemeanor ticket and a fine of up to $150
- Possible fourth-degree misdemeanor, with a fine up to $250
- Possible jail time
According to a Columbus criminal law firm, violating Ohio’s open container law is considered a standalone offense and police may cite drivers or passengers simply of open container violations during routine stops or tailgate events. Police regularly ticket football tailgaters and bar crawlers for open container violations in Ohio cities, especially during sports seasons.
Thoughts? Concerns? Email me at srose@ledger-enquirer.com or find me on social media.