The Legal Implications of Open Container Violations 
An open container violation refers to having an open alcoholic beverage in a vehicle. In West Virginia, the law prohibits drivers and passengers from having open containers of alcohol in the passenger area of the vehicle. This is true regardless of whether the alcohol is being consumed at the time of the stop. An open container does not necessarily require the driver to be intoxicated or impaired—it’s the mere presence of the alcohol in an open state that matters. During WVU game days, tailgating is a huge part of the celebration. Fans often drink socially and may move between different tailgate parties. Unfortunately, people may not realize that simply transferring alcohol from one tailgate to another while in a vehicle could result in an open container violation. Many fans mistakenly assume that they can enjoy their beverages as long as they aren’t driving, but under the law, the presence of open containers in a car is enough to trigger legal action. The law is quite clear: if you are caught with an open container in the passenger area of your vehicle, you are committing an offense. However, there is some room for nuance. For example, if the open container is in the trunk of the vehicle or in an area that is inaccessible to the driver or passengers (like a locked glove compartment), it may not count as an open container violation. Regardless, when you are in a festive setting like a WVU football game, it is easy to overlook these details and inadvertently break the law.
Harley Wagner
Defending West Virginia Residents for over 24 Years
Understanding DUI Charges in West Virginia
A DUI charge is far more serious than an open container violation. DUI stands for driving under the influence, and it occurs when a person operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. In West Virginia, the DUI law also applies to impairment caused by drugs—whether prescription, over-the-counter, or illegal substances. This means that even if you have a BAC below the legal limit but are impaired due to drugs or alcohol, you can still be arrested for DUI. Driving under the influence has severe consequences. If you are caught driving with a BAC above the legal limit or are found to be impaired by other substances, you could face fines, suspension of your driver’s license, and possible jail time. DUI convictions can also lead to increased insurance premiums and mandatory participation in alcohol education programs. Repeat offenders may face more serious penalties, including longer license suspensions and even imprisonment.What Happens During a DUI Traffic Stop?
If you are stopped by law enforcement officers on game day, the officer may conduct a field sobriety test if they suspect you are impaired. They may ask you to perform several tests, such as walking in a straight line or following the officer’s finger with your eyes. If the officer has reasonable suspicion that you are under the influence, they may request a breathalyzer test to measure your BAC.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
Key Differences Between Open Container Violations and DUI Charges
The primary difference between an open container violation and a DUI charge is that an open container offense is based purely on the presence of an open alcoholic beverage in the vehicle, while a DUI charge is based on your ability to safely operate a vehicle. In other words, DUI laws focus on your impairment—whether due to alcohol or drugs—while open container laws are concerned with the state of the alcohol itself, regardless of whether you’re intoxicated. For instance, if you’re driving to a game with friends and one of your passengers is drinking from an open beer can, you could face an open container citation even if you’re sober and in full control of the vehicle. On the other hand, a DUI charge requires evidence of impaired driving behavior or a BAC test showing you are over the legal limit. In terms of penalties, an open container violation typically results in a fine and doesn’t carry the long-term consequences of a DUI conviction. DUI charges, however, can significantly impact your life, leading to criminal charges, fines, license suspensions, and even jail time. A DUI conviction can also have ripple effects on your employment, travel, and reputation. It’s a charge that can affect more than just your ability to drive.Related Videos
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