Drinking Alcohol in a Motor Vehicle | Vehicle Code § 23220

Description

The crime of Drinking Alcohol in a Motor Vehicle, known as “open container” laws, may be applied to driver or passenger while driving on a public road. Even with a “designated driver”, a passenger in possession of an alcoholic beverage may be charged with Drinking Alcohol in a Motor Vehicle. The statute does not apply to passengers in buses, taxis or limousines.

What does the prosecutor have to prove?

1. Defendant drove a motor vehicle.
2. Defendant drank an alcoholic beverage while driving a motor vehicle.

Punishment

Infraction

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No