Pretty easy one, actually. I can’t remember the specifics of the law from way back in driving school (since I was 15, couldn’t drink, and didn’t care), but I’m hoping someone can clarify.
If I have bottles of alcohol that have previously been opened (think a bottle of rum or something that has had a few drinks poured out of it, but has the top back on), can I transport that in my vehicle?
I vaguely remember the law says that such a thing is OK so long as it is in the trunk, but I’m not 100% sure.
Dumb question, I know, but help a recently 21 year old out, please.
I’m asking because it is my friend’s birthday this weekend and we’ll be driving down to LA. I figure I could bring along some of the stuff I’ve got sitting around the house so I can get rid of it.
From the California Vehicle Code:
23222. (a) No person shall have in his or her possession on his or her person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.
Whether or not the cops would look in your trunk is one thing, but open containers of alcohol are not allowed in vehicles in California no matter where they are.
As long as it’s in the cargo area (usually considered the space between the back seats and the rear cargo door) it’s OK for station wagons, SUV, etc. (my MINI). Cite.
Yeah Bob, I think you left out the last part of that quote: “23225. (a) (1) It is unlawful for the registered owner of any motor vehicle to keep in a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, unless the container is kept in the trunk of the vehicle.”
But excellent, I now know and life is good. Thank you guys!
If anyone knows anything different, feel free to pop in, but this seems pretty spot on.
Seems to me that 23222 deals with me literally holding the booze (or having it near me to some degree-- I imagine that’s what it means by “in his or her possession on his or her person”), whereas 23225 deals with it being in the car (and “upon any highway or on lands” implies while driving). I think. Anybody?
It was explained to me as being within the reach of the driver.
If the bottle is in the trunk or cargo area of an SUV it is not within the reach of the driver. (while driving of course)
Glove box, under the seat, or in the back seat can be considered within the reach of the driver. This would be bad if you were stopped.
I take no chances, and all booze open or not goes into the trunk.
Doesn’t the part about OK in the trunk only applies to drivers of legal drinking age? I think for underage, no container of any kind, sealed, open, in the trunk or anywhere else, is allowed.
If you are a minor with alcohol anywhere in the vehicle, open or not, you are in trouble.
As to the OP, as everybody has cited, outside the driver’s reach is where it needs to be. Personally, that means in the toolbox in the bed of the truck. But a locked duffle in the cargo area will be fine. They have no reason to search there in the first place, and you can deny them permission to search there in the second. Make them come up with the PC necessary. You’ll still walk.
They make bags specifically for this, and many states are allowing patrons of restaurants to bring home unfinished bottles of wine if they are contained in such a bag. I can’t say if it would apply to a bottle of liquor though.
Here’s a list of state laws on their website. I don’t know how up to date they are.
In the bed. That’s one of the reasons I bought my toolbox in the first place, a delayed honeymoon in the Santa Ynez Valley. Otherwise you are SOL. Although a locked or sealed bag behind the seat may pass muster, per psycat90’s link above.
When friends and I have transported previously opened bottles, it’s been either in the trunk or the cargo space (of an SUV) and we always duct tape the tops so they’ve been resealed as best as possible. The locking duffel bag may be a better idea, though.
This situation has actually happened to me. I live in San Diego.
I was 22 and I got pulled over for being over the limit line at a stop light. I had a bottle of southern comfort which had previously been opened. It was behind the seat, no extra-cab or anything it was a regular cab, all the way over to the passenger side of the truck, way out of my reach.
Well the cops had me get out of the truck so they could look around. It was 2 AM and they were probably looking for anything to bust me on since the stats say that most people are probably intoxicated that late at night. Well I had nothing to hide and I hadn’t been drinking. They asked to search the truck and I said sure since I was clean.
So they searched the truck and then let me go with no tickets or anything. They had to have seen the SoCo it was in plain site.
So in my case the cops were ok with the location of da booze BUT from then on just to be safe I kept the open booze in the bed. Well to be honest I don’t lug around booze anymore like I used to since now I can afford to buy a new bottle when I get to the location I am headed.
Huh. I have an extended cab and always just put it back there and pulled the little cover thingy over it. That way it wasn’t in plain sight and I couldn’t really reach it easily. May have to look for a locking bag or something…
