Florida Statute 316.1936 makes it a civil infraction for a person (driver or passenger) to be possession an open container of alcoholic beverages in a motor vehicle. The statute defines open container to mean any alcoholic beverage which can immediately be consumed or if the seal is broken.
The statute makes a distinction between the driver a passenger in possession of an open container. If the driver is found to be in possession, then he will be ticketed for a moving violation and will be fined up to $90. If the passenger is found to be in possession, then the passenger can be ticketed for a non-moving violation and will be fined up to $60.
If you were cited for any alcohol related offense including a civil infraction under state law or an ordinance violation, then contact me at 954-982-2124. I represent individuals throughout Miami, Broward and Palm Beach County on a wide variety of alcohol related offenses including open container, driving under the influence, underaged possession of alcohol, disorderly conduct, and possession of a fake I.D. card.
Houson R. Lafrance
