According to Colorado state laws, no open containers of alcohol and other intoxicating substances like marijuana are allowed in motor vehicles. If you violate open container laws in CO, you could face penalties that affect your ability to drive freely. While these charges can be serious, you have a right to defend yourself against them.
But what qualifies as an “open container” and, for that matter, a “motor vehicle”? And do all beverages containing alcohol fall under this stipulation? Failing to understand what defines and differentiates these categories could land you in legal hot water. As an experienced DUI attorney in the greater Denver area, Kevin Churchill knows how to navigate your case.
Learn more about what you need to do to avoid violating Colorado laws regarding an open alcohol or marijuana container.
Why Are Open Containers Not Allowed in Vehicles?
Many states, including Colorado, ban open containers of alcohol and marijuana in vehicles to discourage drinking and using drugs while driving. While having an open container doesn’t necessarily mean the driver is using it, the law errs on the side of caution by removing that possibility from the equation. This is in the best interest of everyone’s safety and well-being on the road.
Colorado Laws Address Marijuana and Alcohol
In Colorado, one may not have open containers of marijuana or alcohol in a motor vehicle.
- Colorado statute 42-4-1305 addresses definitions of alcohol in open containers in the vehicle. Any alcoholic beverage containing more than 0.5% alcohol by volume is prohibited under the statute.
- Colorado statute 42-4-1305.5 addresses marijuana open containers. You cannot have the marijuana open container within the driver or passenger area.
Consumption Is Illegal Even If You Aren’t Driving
Even if you are not driving, Colorado laws do not allow you to have an open container in a motor vehicle on the roads, as the container would likely be within reach of the driver.
The only exception would be if you are in a vehicle for hire, such as a limousine, or in the back of a motor home. Such passengers potentially could have open containers, as they might be far enough away from the driver’s reach.
What Is an Open Container?
Open container laws in CO have specific definitions of a container that’s considered open, which could include:
- Any container with a broken seal
- Any container with some of the contents removed
- Any bottle, can, or similar container that someone has opened
If you have an open container you are transporting somewhere else, you could store it in the trunk to avoid violating the laws.
Contact a Criminal Defense Attorney To Deal with Possible Penalties
As a Class A traffic infraction, penalties for violating open container laws in CO typically include fines of $50 with additional surcharges. However, open container charges often go hand in hand with more significant charges, such as driving while intoxicated. You may need the help of a Colorado DUI attorney to defend yourself against the criminal charges you are facing.
For a free consultation regarding your case, call Churchill Criminal Defense today at (303) 832-9000.
