Can you drink in the car if someone else is driving? What Florida law says
We all know you can’t drink and drive.
But what about drinking while someone else drives?
Here’s what to know about the law in Florida:
Can you have an open container of alcohol in a moving car?
According to Florida law, it’s illegal to have an open container of alcohol or to drink alcohol while you’re driving or while you’re a passenger in a motor vehicle. You’re fine if you just bought your wine at Publix and it’s sealed.
What about open containers in parked cars?
If you’re parked with an open container, are you breaking the law?
It depends.
The law says you can’t drink on any public road, even if you’re parked. If you’re parked on private property, you’re allowed to drink while sitting in your vehicle.
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, depending on their rules. Self-contained motor homes over 21 feet in length are also safe.
Keep in mind that Uber and Lyft drivers don’t carry commercial driving licenses, so you would be in violating the law if you drink alcohol as a passenger in a ride-share vehicle.
Take note: 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.