By admin 
Whether you’re going grocery shopping, wine tasting or simply heading home after a night out, you might find yourself with bottles of alcohol in your car.
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California has specific laws governing where you’re allowed to keep your purchases.
“These laws are designed to prevent drunk driving and keep the roads safe for everyone,” Eisner Gorin LLP, a law firm in Los Angeles, said.
What are the rules about open containers in California? Where should you store unsealed bottles when behind the wheel?
See what you should know:
Can you drink in a car in California if someone else is driving?
In California, it’s illegal to “drink any alcoholic beverage” while driving.
You’re not allowed to “smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway,” California’s Vehicle Code says.
California’s rules about alcohol and cannabis use extend to passengers.
What is considered an open container under California law?
It’s against the law to have a “bottle, can or other receptacle containing an alcoholic beverage” in the car if it’s been opened, the seal’s been broken or the contents “have been partially removed,” according to the California Vehicle Code says.
“In other words, in California, it is illegal to have any ‘open’ container of alcohol in your vehicle, whether you are drinking it or if there is no longer any alcohol in the container,” Southern California law firm Eisner Gorin LLP said.
Examples of open containers include cups, glasses, flasks, opened bottles of wine or beer and even “empty cans or bottles under the car seat,” the law firm said.
If you’re “carrying any alcohol or cannabis in your vehicle, the container must be sealed and unopened,” the California Department of Motor Vehicles said.
Drivers under the age of 21 are not allowed to travel with any alcohol unless they are accompanied by a parent, relative or legal guardian.
Are there exceptions to open container rules?
The DMV said open container laws do not apply to passengers traveling in a bus, taxi, camper or motorhome.
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Where can I store alcohol when driving?
You’re allowed to have an alcoholic beverage with a broken seal as long as the container is in the trunk of your car, according to California law.
If your vehicle does not have a trunk, you’ll need to keep the bottle or can out of reach of the driver and any passengers.
“A utility compartment or glove compartment” doesn’t count, state law says.
Drivers can also store alcohol in a locked container that is secured by a padlock, key lock or a combination lock when traveling.
Am I allowed to have cannabis in my car?
Open container rules aren’t limited to alcohol.
It’s illegal to have a receptacle in your car containing cannabis or cannabis products if it has “been opened or has a seal broken,” according to California’s Vehicle Code.
You’re allowed to have weed in your vehicle if it is stored in the trunk.
Exceptions also apply if the driver is “carrying a current identification card or physician’s recommendation,” California law says, and the cannabis is in a “container or receptacle that is either sealed, resealed or closed.”
What are penalties for violating open container rules?
If you’re caught driving with an open container of alcohol, you could be charged with a traffic infraction.
“The maximum fine for an open container violation is $250,” Eisner Gorin LLP said. “You may get points on your DMV record.”
A driver under age 21 who’s found guilty of transporting alcohol could be convicted of a misdemeanor punishable by a fine no more than $1,000 or no more than six months in jail, according to California law.
If an underage driver is caught with alcohol and the owner of the vehicle isn’t old enough to legally drink, the car can be impounded at the owners expense for no more than 30 days for each violation.
If you’re caught with an open container of cannabis in your car, you could be issued an infraction and fined up to $100.
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