Florida Law: Drinking Beer And Driving

Florida has strict open container laws, which prohibit drinking alcohol in public places, including in a vehicle, whether as a driver or a passenger. These laws also apply to non-moving vehicles, and drinking in public can lead to criminal penalties. Florida's DUI laws are also stringent, with a legal alcohol limit of 0.08 grams per 100 milliliters of blood. While non-alcoholic beer is generally allowed, it may still be perceived as risky behaviour by law enforcement, and local laws should be consulted.

Florida's open container law

If you are found to have an open container in your vehicle, you may be subject to a fine of up to $100 for a first offense and three points on your driver's license. If you are a passenger, the fine is typically a little less. If you choose to fight the infraction and request a hearing, you will have to pay a $500 fine if you lose in court, in addition to court fees. These penalties are imposed by the State of Florida, but individual counties or municipalities may impose harsher restrictions.

There are a few exceptions to the open container law. If you are a passenger in a commercial vehicle, such as a taxi, bus, or limousine, with a driver who has a commercial driver's license, you are allowed to consume alcohol. Additionally, passengers in a self-contained motorhome that is at least 21 feet in length may also consume alcohol.

If you have a bottle of wine that you did not finish at a restaurant, you may transport it in your vehicle as long as it has been resealed, placed in a secure bag or container with a dated receipt, and transported in a locked glove compartment or trunk.

It is important to note that open container laws in Florida also apply when you are not driving. You can be cited for possessing an open alcoholic beverage in public, depending on local ordinances and the location.

Drinking as a passenger

Florida's open container law prohibits passengers from drinking alcohol in a vehicle. An open container is defined as any alcoholic beverage in a container that has a broken seal or is "immediately capable of being consumed from". This law applies to vehicles that are being driven, as well as those that are parked or stopped on a public road.

However, there are some exceptions to the open container law for passengers. Passengers are allowed to consume alcohol in the following circumstances:

• In a commercial vehicle, such as a taxi, bus, or limousine, where the driver holds a valid commercial driver's license.
• In a self-contained motorhome that is at least 21 feet in length.
• In certain cases, passengers may also be allowed to consume alcohol in a vehicle used primarily for the transportation of persons for compensation, such as a ride-sharing vehicle.

It is important to note that the open container law only applies to alcoholic beverages. Non-alcoholic drinks, such as non-alcoholic beer, are generally not restricted by this law.

While a passenger cannot be charged with a DUI in Florida unless they are found to be in control of the vehicle, they can still face other charges related to alcohol possession and consumption. These charges may include violating the open container law, disorderly conduct, or unlawful possession of alcohol if they are under the age of 21.

DUI checkpoints

In the state of Florida, it is illegal to possess and drink from an open container of alcohol in a vehicle, regardless of whether you are the driver or a passenger. This also applies to vehicles that are parked or stopped on a public road. An open container is defined as any container of alcoholic beverage with a broken seal or that is immediately capable of being consumed from.

If you are directed to stop at a DUI checkpoint, you will be asked to provide your license, proof of insurance, and registration. The officers will observe your behaviour and listen to your responses to their questions. You are not obligated to respond to their questions, but if they suspect impairment, they can ask you to submit to a sobriety test.

It is important to note that DUI checkpoints are separate from open container laws. While open container laws specifically address the possession and consumption of alcoholic beverages in vehicles, DUI checkpoints are focused on identifying and deterring impaired driving, which can be caused by alcohol or other substances.

DUI laws

Florida's DUI laws are strict and impose harsh punishments on those convicted. The legal alcohol limit in the state is 0.08 grams per 100 milliliters of blood for blood-alcohol levels and the same alcohol quantity per 210 liters of breath for breath-alcohol levels. This limit is considered exceeded if an individual's blood-alcohol level is 0.08 grams or more per 100 milliliters of blood, or if their breath-alcohol level is 0.08 grams or more per 210 liters of breath. In either case, the individual is legally prohibited from driving or being in control of a vehicle.

Florida Statute § 316.1936, also known as the Open Container Law, prohibits open alcoholic beverages that are immediately capable of being consumed during the operation of a motor vehicle. This statute applies to both the driver and passengers of the vehicle. An open container is defined as any container of alcoholic beverage with a broken seal or that is immediately capable of being consumed from. This includes empty bottles or cans. The law also applies to parked or stopped vehicles on a public road or highway.

There are, however, some exceptions to the Open Container Law. Passengers in commercial vehicles, such as taxis, buses, or limousines, driven by a driver with a commercial driver's license are allowed to consume alcohol. Additionally, passengers in a self-contained motorhome that is at least 21 feet in length may also consume alcoholic beverages.

Violating the Open Container Law in Florida is considered a noncriminal moving traffic infraction for drivers and a nonmoving traffic infraction for passengers. The penalties for violating this law include fines of up to $500 for both drivers and passengers, as well as the accumulation of driver's license points, which can lead to increased insurance premiums.

It is important to note that drinking non-alcoholic beer while driving may also be illegal in Florida. Non-alcoholic beer typically contains less than 0.5% alcohol by volume, and any detectable level of alcohol in a driver's system can result in legal consequences in certain states.

Public drinking laws

Florida's public drinking laws are quite strict. Under Florida Statute § 856.011, it is illegal to drink alcohol or be intoxicated in a public place. Both crimes are considered second-degree misdemeanors.

Florida's open container laws further reinforce these public drinking restrictions. An open container is defined as any alcoholic beverage container with a broken seal or one that is "immediately capable of being consumed from." These laws apply not only to vehicles in motion but also to those that are parked or stopped on a public road.

In addition, Florida law prohibits the sale of alcohol between 3 a.m. and 7 a.m. every day. However, some counties, like Miami-Dade, permit 24-hour sales, while others, like Baker and Polk, are dry on Sundays.

Frequently asked questions