Open Container Laws in the District of Columbia
Under the District of Columbia’s open container law, you could be fined $500 for having any open container of alcohol in the passenger area of your car.
Written by Macy Fouse
Reviewed by Kathleen Flear
Under the District of Columbia’s open container law, you could be fined $500 for having any alcohol container with a broken seal in the passenger area of your vehicle.
While most states in the U.S. have laws regarding open containers, rules vary drastically from place to place, so it’s important to know the law where you live.
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!What is the open container law in the District of Columbia?
Section 25-1001
of the District of Columbia Official Code criminalizes the possession of an open container of alcohol (POCA) in any street, alley, park, sidewalk, or parking lot, including inside a vehicle at any of those locations. It’s also illegal to have an open container of alcohol in private places where the public is allowed, like a store. What counts as an open container?
When you think of an “open container,” you likely imagine a red Solo cup or open can of beer, but it’s more complicated than that. In D.C., an open container can include any alcohol container with a broken seal or with any contents removed. That means a closed bottle of liquor with the lid in place but with a broken seal could still qualify for a citation. However, the substances in question must be at least 0.5% alcohol by volume.
Exceptions to the District of Columbia’s open container law
Most states’ open container laws include a few exceptions to the rule but D.C.’s does not. However, to be found guilty, there must be proof that you were in possession of the alcohol, as established by a D.C. case law. “Possession” includes specifications like:
- You knew the open container was present
- You had the “power to exercise dominion and control” over the open container
- You intended to exercise dominion and control over the open container
Case law also determined that any open container stored in the trunk or rear compartment of an SUV is not considered possession of an open container.
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Penalties for violating the District of Columbia’s open container law
If you’re caught violating the open container law in D.C., you’ll be charged with a misdemeanor. This offense comes with a fine of up to $500 and/or up to 60 days in jail.
A POCA charge can also be added onto a DUI charge if applicable, which will increase the penalties significantly. A first-offense DUI in the District of Columbia comes with a six-month license suspension, as well as mandatory jail time of 180 days or a fine of $1,000. Refusing a breathalyzer comes with a 12-month license suspension.
Whether or not you get a DUI with an open container citation, any offense on your record will likely raise your car insurance rates by quite a bit. Knowing the ins and outs of the law can help you avoid any unexpected hikes in your premium.
Key Takeaway If you have an open container of alcohol in your vehicle’s passenger area while driving or parked in a public area, you could be fined up to $500 and serve as many as 60 days in jail.
How to save money on car insurance in the District of Columbia
Understanding the D.C. open container laws and driving smart are just a couple of ways to avoid overpaying for car insurance. Another way is to use the
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Who gets the ticket for an open container in the District of Columbia?
Whoever is guilty of possession in the vehicle will be cited, whether it’s the driver or the passenger.
What happens if you deny a breathalyzer in the District of Columbia?
If you refuse to take a breathalyzer test in the District of Columbia, your license will be suspended for 12 months.
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