Can passengers drink booze in a car? What about storing a bottle? What Florida law says

You’ve just left a nice dinner with an unfinished bottle of wine and are on the way home.

Can you be fined for putting the wine in your car? What if a passenger in the back seat wants to take a quick sip?

The simple answer: Yes, you can get in trouble.

Here’s what to know:

What does Florida law say about open containers in cars?

According to Florida law, it’s illegal to possess an open container of alcohol or to consume alcohol while you’re driving or while you’re a passenger in a motor vehicle.

READ MORE: Can you eat, put on makeup or shave while driving your car? What Florida law says

What if you’re parked?

If you’re parked with an open container, are you breaking the law? It depends where.

The law applies to “[ways] open to travel by the public, including, but not limited to, a street highway, or alley.” So you can’t drink on any public road, even if you’re parked.

If you’re parked at a private property, you’re allowed to have a drink while sitting in your parked vehicle. Just make sure that you’re not on a public road. When in doubt, find a place to drink that isn’t your car.

Are there any exceptions to the drinking in car rule?

You can drink as a passenger in a commercial vehicle such as a bus or a taxi cab. Self-contained motor homes over 21 feet in length are also safe.

Keep in mind that Uber and Lyft drivers don’t possess commercial driving licenses, so you would be in violation of the law if you drink as a passenger in a ride-share vehicle. And some public buses ban drinks of any kind on board.

What are the fines?

If you violate the open container laws as a driver, you can be found guilty of a noncriminal moving traffic violation, punishable by a fine of up to $90 for a first offense.

If you’re a passenger, the penalty is a fine of up to $60 for a first offense.

Counties and municipalities can impose harsher restrictions as well. For example, Miami-Dade County’s ordinances state that a first offense carries a fine of $25 to $200, up to 10 days in the county jail, or both the fine and the jail time. A second offense brings fines between $50 and $250 and/or imprisonment for up to 10 days, and any subsequent offenses will be between $75 and $500 and/or imprisonment for up to 30 days.

Where can you keep open containers of alcohol?

There’s a legal way to transport your open bottle of wine home after dinner.

Containers with a broken seal can be kept in locked compartments that are inaccessible to the driver and passengers. That means you can put your alcohol in a locked glove compartment or in the trunk.

This story was originally published August 24, 2023 at 7:26 AM.