Passengers generally cannot drink alcohol in the car in Florida. Florida’s open container laws generally prohibit anyone from having an open alcoholic beverage while in a vehicle, including both drivers and passengers.
Florida’s open container and DUI laws are very strict, and violators can be liable for injuries they may cause. A Fort Lauderdale DUI accident lawyer can help you recover financial compensation if you have injuries due to a car accident caused by a driver violating state laws on alcohol and driving.
Florida’s Open Container Laws
Florida Statutes 316.1936 is the state’s open container law and makes it unlawful for any person to possess an open alcoholic container while operating a motor vehicle or as a passenger on Florida’s roads.
“Open container” here means any container of alcohol that is immediately available for consumption with a broken seal. “Roads” includes any public streets, highways, or alleys. These laws apply even if the car is parked and not currently in motion.
For example, it would be illegal for you to have an open can of beer in the cup holder next to the driver’s seat. However, it would not be illegal if the can was sealed and hadn’t been opened yet. Note that open container laws apply to all kinds of motor vehicles, including passenger vehicles, commercial trucks, and motorcycles.
Possession of an Open Container in a Car
Florida’s open container laws are based on the operator or passenger having possession of an open container. If the open container is in the passenger area and not within a locked glove box or other container, the law assumes that an open container is in the operator’s possession.
Alternatively, the open container is assumed to be in the passenger’s possession if the passenger has physical control of it; for example, they are holding it, or it’s immediately accessible.
Exceptions to Open Container Laws in Florida
Florida’s open container laws are very strict for drivers, but there are a handful of notable exceptions for passengers. Passengers can drink alcohol in the car in Florida if they are in a:
- Commercial vehicle that is contracted to provide transportation (e.g., limo, taxi, etc.)
- Bus operated by a driver with a commercial driver’s license
- Motor home that is over 21 feet long
Florida’s laws also allow vehicle occupants to transport a previously open container that has been sealed and that is not stored in the passenger area.
Do Open Container Laws Apply to Lyft or Uber Rides?
You cannot have alcohol as a passenger in an Uber or Lyft. Drivers for rideshare companies like Uber or Lyft don’t have commercial driver’s licenses, and so open container laws for passengers still apply. This means that if your rideshare driver gets pulled over, you could get in trouble for having an open container.
Penalty for Violating Open Container Laws
Violations of open container laws are non-moving traffic violations that can be punished by a fine of up to $30 for a first-time offense. Individual counties can impose additional administrative fines for open container violations.
Violations of open container laws are more severe if they are connected to a DUI charge. If the police pull over a driver and there is an open container in the car, they will likely ask the driver to take a sobriety test. A DUI can carry an immediate license suspension, up to six months in jail, and a fine of up to $1,000.
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Open Containers and Negligence in Personal Injury Claims
Open container laws matter for more than just criminal liability; they can also impact the outcome of personal injury claims. The presence of an open container can help determine fault in a car accident by showing the other driver was negligent. If the other driver was negligent, they can be responsible for paying for the injuries the accident caused.
In contrast, violating open container laws can hurt the victim’s claim. If the accident victim had an open container in their car when they were injured, it may result in a judgment of partial negligence. Partial negligence can reduce your ability to recover financial damages after a car accident.
Contact a Florida Car Accident Injury Lawyer Today
Violations of Florida’s open container laws can make or break a car accident claim, so it’s important you have a legal professional on your side to protect your interests. The attorneys at Blakeley Law Firm have over 40 years of experience advocating for the rights of the injured and are here to offer our assistance.
Contact our offices online or call today to schedule a case consultation with a Fort Lauderdale car accident lawyer. Consultations are free, and we are available 24/7, so don’t hesitate to reach out. Don’t let somebody else’s negligence affect your financial future or health.
