In Weld County it is a Class A Traffic Offense to have an “Open Container” of alcoholic Beverage in your car and should you be found to be intoxicated; you could be facing a Driving Under the Influence (DUI) charge as well. A DUI involves driving a motor vehicle with a blood alcohol content of .08 or more. Our experienced traffic and DUI attorneys discuss both DUI tickets and Colorado’s “Open Container Laws” below. If you are facing these charges in Larimer County, get help here.
Legal Definition of Open Alcoholic Beverage Container – Motor Vehicle – Prohibited, C.R.S. 42-4-1305, in Greeley, Colorado
The legal definition of Open Alcoholic Beverage Container – Motor Vehicle – Prohibited in Greeley, states:
(I) Drink an alcoholic beverage; or
(II) Have in his or her possession an open alcoholic beverage container.
(b) The provisions of this subsection (2) shall not apply to:
(I) Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation;
(II) The possession by a passenger, other than the driver or a front seat passenger, of an open alcoholic beverage container in the living quarters of a house coach, house trailer, motor home, as defined in section 42-1-102 (57), or trailer coach, as defined in section 42-4-102 (106);
(III) The possession of an open alcoholic beverage container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or
(IV) The possession of an open alcoholic beverage container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.
It is worth noting that a “passenger area” of a car is anywhere a person can sit, including the driver. Within this definition, it is also important to remember that an “open container” means any container that is not sealed, and the container can have any amount of alcoholic beverage – including even a small amount and be considered an open container.
What is the Colorado Definition of a Driving Under Influence or DUI, C.R.S. 42-4-1301, in Weld County?
In Weld County, Driving Under the Influence, C.R.S. 42-4-1301, can be charged if the following definition is met:
When a person is found with an Open Container in their vehicle, the Greeley Police may also suspect that the person is Driving Under the Influence of Alcohol. When this offense is suspected, the officer may ask the driver to do a portable breathalyzer test or roadside sobriety tests, to determine if there is probable cause that they are Driving Under the Influence. Both of these tests are optional and should be refused. A DUI can be charged against any driver for having a Blood Alcohol Content (BAC) of 0.08% or higher. It is important to note that drivers can still face DUI type charges even if their blood alcohol content is lower than 0.08%. The lower BAC can result in a Driving While Ability Impaired (DWAI) charge, which is less severe. Note that you cannot legally refuse the blood or breath test at the hospital or police station. You can learn more about a DUI and DWAI here.
What are the Penalties of an “Open Container” Traffic Offense and the Sentence and Penalties of a DUI Ticket in Windsor?
Being found with an “Open Container” in Windsor, Colorado, is a class A traffic offense that carries penalties of a $50 charge with a $16 surcharge for an Open Alcoholic Beverage Container. While this traffic offense does not seem severe in contrast to a DUI Ticket conviction, it still has consequences which will remain on your record and you’ll have less money in your pocket. It also opens you up to further scrutiny for a DUI. The sentence for a DUI depends on whether there are any prior convictions and the defendant’s BAC. The minimum sentence and jail time for a first time DUI conviction is a misdemeanor. Penalties can include: 5 days up to 1 year in the Weld County Jail, a fine of up to $1,000, suspension of your driver’s license for 9-months, community service for up to 96 hours, and alcohol education classes. This can easily impact your employment if you drive for a living.
Since facing an “Open Container” charge can lead to a DUI charge, when facing a traffic offense you should have an experienced attorney that understands Colorado Traffic Laws. The O’Malley Law Office attorneys have over 30 years of experience in defending DUI charges with positive outcomes. Hire an attorney to get the best result in your case.