It is a common misconception that having an open container of alcohol in your vehicle, assuming the driver is 21 or over, is a criminal offense.
It is not. Having an open container of alcohol in your car is a non-moving traffic violation.
However, if you are pulled over and the officer notices an open alcoholic beverage container, the likelihood of your car being searched or you being asked to step out of the vehicle to perform Standard Field Sobriety Exercises increase exponentially.
In the officer's eyes, the presence of an open alcohol container will not only provide an "odor of an alcoholic beverage," it will confirm any suspicions he or she may have about the driver being impaired.
It's simply not worth the trouble. Don't drink alcohol or keep an open container in your car while driving. And if you purchase alcohol at a store, it's always best to keep it in the trunk.
Eric Matheny is a criminal defense attorney serving South Florida.