Understanding Florida’s Open Container Law
- McMann, P.A.
- Apr 21
- 8 min read
A Central Florida Criminal Defense Guide
If you’re cruising through Polk County, enjoying the sunny vibes of Central Florida, the last thing you want is a run-in with law enforcement over an open container violation. As a criminal defense attorney based in the Tenth Judicial Circuit, I’ve seen how a simple misunderstanding of Florida’s open container law can turn a fun night out into a legal headache.
Whether you’re a local in Lakeland, a visitor in Winter Haven, or just passing through Bartow, this blog breaks down Florida’s open container law, its elements, the relevant statute, local ordinances, and what it means for you—all in a way that’s relatable, informative, and maybe even a bit entertaining.
Let’s dive into the details so you can stay safe, legal, and stress-free while navigating Polk County’s roads and public spaces.
What Is Florida’s Open Container Law?
Picture this: You’re tailgating at a Polk County high school football game, or maybe you’re heading home from a dinner at Harry’s Seafood Grill in downtown Lakeland with a half-finished bottle of wine. You toss that open bottle in the backseat, thinking it’s no big deal.
Wrong move. Florida’s open container law is stricter than you might think, and it’s designed to keep roads safe by preventing drunk driving and public intoxication.
Under Florida Statute § 316.1936, it’s illegal to possess an open container of an alcoholic beverage in a motor vehicle, whether you’re the driver or a passenger. This law applies to public highways, streets, and even parked cars on public roads.
It’s not just about drinking and driving—simply having that open beer can or uncorked wine bottle within reach can land you in hot water. And here’s the kicker: local city and county ordinances in places like Polk County can make the consequences even tougher.
Elements of Florida’s Open Container Law
To get a ticket or face charges under Florida’s open container law, the state or local authorities must prove specific elements. Think of these as the ingredients needed to “cook up” a violation. As a criminal defense lawyer, I scrutinize these elements to build a strong defense for my clients in Polk County. Here’s what the prosecution needs to show under Florida Statute § 316.1936:
Possession of an Open Container: An “open container” is any bottle, can, cup, flask, or other receptacle containing an alcoholic beverage that’s immediately capable of being consumed or has a broken seal. For example, a beer can with the tab popped or a wine bottle with the cork removed counts as “open.” (Note: A resealed wine bottle from a restaurant, if properly bagged with a receipt, is an exception under Florida Statute § 564.09.)
In a Motor Vehicle: The open container must be in the passenger area of a vehicle, meaning anywhere the driver or passengers can easily access it (like the center console, floorboard, or seat). If it’s locked in the trunk, a glove compartment, or another secure non-passenger area, it’s not considered in your possession.
On a Public Road: The vehicle must be on a public highway, street, or road (including sidewalks or parking lots). This applies whether the car is moving, parked, or stopped. So, sipping a margarita in your parked car outside a Polk County bar? Still illegal.
Driver or Passenger: The law applies to both drivers and passengers. If a passenger is holding an open container, they can get a ticket, and the driver might too if the container is accessible to them.
For example, imagine you’re driving home from a night out in Haines City with friends. Your buddy in the passenger seat cracks open a cold one, thinking it’s fine since he’s not driving. A Polk County Sheriff’s deputy pulls you over for a minor traffic stop, spots the open beer, and now you’re both facing citations. That’s how quickly an innocent moment can escalate.
Florida Statute § 316.1936: The Legal Backbone
The primary law governing open container violations in Florida is Florida Statute § 316.1936. Here’s the gist in plain English:
It’s unlawful for anyone (driver or passenger) to possess an open container of an alcoholic beverage or to consume alcohol while in or on a vehicle on a public road.
An “open container” is any container of alcohol that’s open, has a broken seal, or has had some contents removed.
Penalties:
Drivers: A noncriminal moving traffic violation, with fines up to $90 for a first offense (or $500 if you fight it and lose) and 3 points on your driver’s license.
Passengers: A non-moving violation, with fines up to $60.
If the violation is tied to a DUI or causes injury/death, penalties can escalate to misdemeanors, jail time, or civil lawsuits.
Exceptions:
Passengers in commercial vehicles (e.g., buses, limos) with a driver holding a valid commercial driver’s license with a passenger endorsement.
Passengers in self-contained motorhomes over 21 feet long.
Alcohol stored in a locked glove compartment, trunk, or other secure non-passenger area.
Resealed wine bottles from restaurants, if bagged and accompanied by a receipt.
Note that ride-sharing services like Uber or Lyft don’t qualify for these exceptions
so no sipping cocktails in the back of an Uber in Polk County
Local Open Container Laws in Polk County and Beyond
While Florida Statute § 316.1936 sets the baseline, local governments in Central Florida, including Polk County and its cities like Lakeland, Bartow, and Auburndale, can enact stricter ordinances. These local laws often carry harsher penalties and can apply beyond vehicles to public spaces like streets, sidewalks, parks, and beaches.
For example:
Polk County Ordinances: Polk County may have ordinances prohibiting open containers in public areas, such as parks or downtown events like Lakeland’s First Friday. Violations can result in fines up to $500 or even up to 60 days in jail, and a conviction under a local ordinance can permanently prevent you from sealing or expunging your criminal record.
City of Lakeland: Lakeland’s municipal code may ban open containers on streets, sidewalks, or public parking lots, with similar penalties. If you’re caught with an open container at a Lake Mirror event, you could face a misdemeanor charge.
City of Winter Haven: Winter Haven might enforce strict rules in its downtown area, especially during festivals, where open containers outside designated zones are prohibited.
These local laws reflect Polk County’s commitment to public safety, especially in areas with heavy tourism or nightlife. For instance, during a busy weekend at LEGOLAND Florida or a concert at the RP Funding Center, law enforcement is on high alert for open container violations.
Unlike state-level violations, which are noncriminal, local ordinance violations are often treated as misdemeanors, meaning a criminal record that could haunt you for years.
Relatable Scenarios: How Open Container Violations Happen
Let’s make this real. Here are a couple of scenarios I’ve seen as a Polk County criminal defense attorney:
The Tailgate Trouble: You’re at a Polk State College tailgate, enjoying a beer with friends. You hop in your truck to move it closer to the stadium, forgetting the open beer in the cupholder. A deputy spots it during a routine patrol. Bam—you’re hit with a moving violation, a $90 fine, and 3 points on your license. If it’s a Lakeland city ordinance violation, you might face a $500 fine and a criminal record.
The Restaurant Misstep: After a romantic dinner at Bay Street Bistro in Lakeland, you take home an open bottle of wine but don’t bag it or lock it in the trunk. During a traffic stop on I-4, a Florida Highway Patrol trooper notices the bottle on the passenger seat. Even though you’re sober, you’re now facing a citation and potential DUI scrutiny.
These situations show how easy it is to accidentally violate open container laws. But don’t panic—there are defenses, and that’s where an experienced criminal defense attorney comes in.
Defenses to Open Container Charges
As a Polk County criminal defense lawyer, I’ve helped clients beat open container charges by challenging the prosecution’s case. Common defenses include:
Lack of Knowledge: If you didn’t know the open container was in the vehicle (e.g., a passenger left it behind), you may not be guilty. This is especially useful in multi-occupant vehicles.
Improper Search: If the police lacked probable cause to stop or search your vehicle, any evidence (like the open container) could be suppressed.
Container Not “Open”: If the container wasn’t immediately consumable (e.g., a sealed thermos), it may not meet the legal definition.
Stored Properly: If the container was in a locked glove compartment or trunk, it’s not in your possession.
Exception Applies: If you were in a qualifying motorhome or commercial vehicle, the law doesn’t apply.
For example, I recently defended a client in Bartow who was charged with an open container violation after a traffic stop. The officer claimed a beer can was in the passenger seat, but we showed it was unopened and belonged to a passenger who had just bought it. The case was dismissed, saving my client from fines and points on their license.
Penalties and Why You Need a Criminal Defense Attorney
Under state law, open container violations are noncriminal, but the consequences still sting:
Fines: $60–$90 (or $500 if you lose at trial).
License Points: 3 points for drivers, which can raise insurance rates.
DUI Enhancements: If paired with a DUI, penalties skyrocket, including jail, license suspension, and mandatory alcohol programs.
Local ordinances in Polk County are worse, with potential jail time (up to 60 days), higher fines ($500), and a permanent criminal record. Plus, if you’re under 21, possessing alcohol is a second-degree misdemeanor with up to 60 days in jail.
Hiring a criminal defense attorney in Polk County can make all the difference. I’ve helped clients in the Tenth Judicial Circuit avoid convictions by negotiating dismissals, challenging evidence, or securing diversion programs. A conviction can affect your job, insurance, and future opportunities, so don’t just pay the fine and move on—fight back with an experienced lawyer.
Tips to Stay Legal in Polk County
To avoid open container trouble in Central Florida:
Store Alcohol Properly: Keep all open or unsealed alcohol in the trunk or a locked glove compartment.
Know Local Rules: Check Polk County and city ordinances, especially during events like Lakeland’s Food Truck Rally or Winter Haven’s Main Street festivals.
Use Designated Areas: Some events, like Lakeland’s downtown festivals, have designated zones where open containers are allowed. Stay within those boundaries.
Don’t Drink in Vehicles: Even if parked, avoid consuming alcohol in your car on public roads.
Call a Lawyer ASAP: If you’re cited or arrested, contact a Polk County criminal defense attorney immediately to protect your rights.
Why Choose a Polk County Criminal Defense Attorney?
As a criminal defense lawyer in the Tenth Judicial Circuit, I understand the nuances of Florida’s open container laws and Polk County’s local ordinances. My goal is to keep your record clean and your life on track.
Whether you’re facing a state-level citation or a city ordinance misdemeanor, I’ll fight for the best outcome—whether that’s a dismissal, reduced penalties, or a diversion program. My office is here to serve Lakeland, Bartow, Winter Haven, and all of Polk County with personalized, aggressive representation.
Got an open container ticket or facing charges in Polk County? Don’t let a simple mistake derail your future. Call my office for a free consultation, and let’s tackle this together. Stay safe, stay legal, and keep enjoying all that Central Florida has to offer—without the legal drama.
Mark D. McMann
McMann, P.A.
1700 South Florida Ave.
Lakeland, Florida 33803
863-393-9010
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