Many people believe a DWI and a New Jersey open container law violation to be the same, but in most cases, they are not. To become fully educated on New Jersey’s open container law, it is important to understand the difference between New Jersey’s DUI and open container laws.
New Jersey’s open container law (also known as the “open container” law, or NJ Statute 39:4-51b) requires all people in a vehicle, on a public street or place open to the public, to keep any container of alcohol closed and sealed. Any violator of this law may be fined up to $500 for having an open container of alcohol.
In this article, we’ll explore the New Jersey open container law and give you a better understanding of what it entails.
Is a Violation of the Open Container Law Considered a Crime?
A violation of the open container law (provided that there is no evidence to suggest alcohol consumption at the time of the traffic stop) is not considered a crime in the eyes of the State of New Jersey. It’s classified as a traffic violation, which means that while the charge will appear on a person’s driving record, it will not do so on a criminal record.
Are There Exceptions To New Jersey’s Open Container Law?
Although the NJ open container law is strict, three factors are qualifying exceptions to the rule. They are:
- Where the container is stored If an open container is stored in a location that’s out of reach of the driver and passengers, such as in the trunk, this is not a violation of the law.
- Limos & Buses Statutorily-authorized limousines and buses are exempt from the NJ open container law.
- Mobile Homes & Campers Open containers of alcohol in the living area of recreational vehicles are exempt from prosecution under the Open Container law.
Under 21
For persons under the legal drinking age of 21, it’s unlawful to possess alcoholic beverages (regardless of whether they’re sealed or unsealed) in a vehicle under any circumstances. Offenders that are over the age of 18 but under the age of 21 will be charged as an adult. Offenders under the age of 18 face a juvenile offense.
Empty Bottle
Empty alcohol containers are considered trash and not a violation of the Open Container law, provided they are not cold to the touch or have condensation. However, if the driver of the vehicle was pulled over for erratic driving or the officer obtains other evidence of inebriation (such as a high BAC level, slurred speech, alcohol on the breath, etc.) that is still grounds to be charged for a DWI in New Jersey.
Can a Passenger Have an Open Container?
New Jersey’s Open Container laws do not exempt passengers of a vehicle who possess unsealed containers of alcohol. According to New Jersey law, it’s illegal to both possess and drink open alcoholic beverages in a moving vehicle.
Therefore, both the driver and passengers are considered to be in equal violation of the Open Container Law.
Can You Drink Non-Alcoholic Beer While Driving in NJ?
While there is the possibility of being pulled over by a police officer because the bottle resembles alcoholic beer, as long as your Blood Alcohol Content (BAC) level is under 0.08% and you provide the officer proof that the beer is indeed non-alcoholic, you should be ok.
What Are the Penalties for Violating New Jersey’s Open Container Law?
Penalties for non-DWI Open Container Law violations are contingent on the offender’s prior record. If it’s a first-time offense, the penalty will look much different than a repeat offender’s would.
- First offense: $200 fine
- Second offense: $250 fine or 10 days of community service
- Third or more offenses: Increased fines and penalties
Similar to the situation above, the severity of the charges for a DUI or DWI in New Jersey depends on whether or not there are prior offenses on your record. First-time offenders will likely not lose their licenses, but repeat offenders are guaranteed to face suspension of their drivers’ licenses and likely also face jail time.
If you have been charged with a DUI/DWI before, per New Jersey’s 10 Year Stepdown Program, it’s possible to reduce the severity of your sentence if your past DUI was 10 years ago or more. You should speak with a qualified attorney to determine if you are eligible for the 10 Year Stepdown Program.
What Should I Do If I Have Been Charged with Violating New Jersey’s Open Container Law?
If you have been charged with a DUI or violation of the Open Container law and are faced with the possibility of jail time, consider retaining the services of a qualified attorney who can help you explore your options.
Some alternative sentencing options are:
- Intoxicated Driver Resource Center (IDRC): There’s a chance of receiving a reduced sentence in exchange for attending an IDRC-approved program. These programs educate offenders and determine the need for additional help and support.
- Community Service: Signing up for a labor assistance program and doing community service is often considered an acceptable alternative to jail time.
- Probation: If given the probation option, you will check in with your assigned probation officer periodically to ensure no further offenses occur.
- House Arrest: If sentenced to house arrest, you will be confined to your home for a predetermined period, while wearing a mandatory electronic tracking bracelet to ensure you don’t leave the premises.
