Ohio Open Container and Transporting Alcohol Laws (O.R.C. 4301.62 and 4301.60)
A companion charge to the offenses in what an OVI is in Ohio.
In Ohio it is illegal to possess an open container of an alcoholic beverage in public, and while that is a minor offense on its own, having or consuming alcohol inside a vehicle is treated much more seriously. Open container is also one of the most common companion charges to an OVI. This page explains Ohio’s open container law, what happens when alcohol is in a car, and Ohio’s separate law on transporting alcohol. Call (937) 318-1384 for a free consultation.
Frequently charged alongside underage OVI.
Ohio’s Open Container Law (O.R.C. 4301.62)
Ohio has an open container law. It is a minor misdemeanor to possess in public an open container of an alcoholic beverage, and a conviction carries a fine of up to $150.00. The statute, Ohio Revised Code 4301.62, prohibits having an opened container of beer or intoxicating liquor in a number of specified circumstances, including in a motor vehicle, subject to certain exceptions such as a passenger in a chauffeured limousine or in areas where consumption is lawfully permitted.
Open Container or Consuming Alcohol in a Vehicle
The stakes rise significantly once a vehicle is involved. Possession of alcohol while in a car bumps the charge up to a fourth-degree misdemeanor and subjects the offender to up to 30 days in jail. Consumption of alcohol in a motor vehicle is likewise a fourth-degree misdemeanor, with maximum penalties of 30 days imprisonment or a $250 fine, or both. In other words, the same open bottle that is a minor misdemeanor on a sidewalk becomes a jailable offense inside a car.
A Common Companion Charge to an OVI
Open container is frequently charged alongside an OVI. If you are facing an OVI, an open container, or any other alcohol-related charge, it is worth having all of the charges reviewed together, because how they are handled can affect the overall outcome of your case. An experienced OVI attorney will look at every charge on the citation, not just the OVI.
Transporting Alcohol in Ohio (O.R.C. 4301.60)
Ohio also has a separate law on transporting alcohol. According to Ohio Revised Code 4301.60, it is illegal to transport alcohol in the state of Ohio unless you have a permit. The language of the statute reads: “No person, who is not the holder of an H permit, shall transport beer, intoxicating liquor, or alcohol in this state.” The statute does not apply to the transportation and delivery of beer, alcohol, or intoxicating liquor lawfully purchased from the holder of a permit issued by the division of liquor control. Until and unless there is a more definitive ruling, the transport of alcohol remains a violation of the cited Ohio Revised Code section, and you should expect the Ohio State Highway Patrol and the Ohio Investigative Unit to apply the law as they see fit.
Why Trust Charles M. Rowland II
Charles M. Rowland II has established himself as a top OVI attorney in Ohio and the Dayton area and beyond. He lives by the motto, “Work hard, play by the rules, and never quit!” Preparation, dedication and perseverance are his touchstones. He will vigorously fight for you and will genuinely care about the outcome of your case. He wants the most favorable outcome including acquittals, dismissed charges, or advantageous reduced charges.
He has been recognized by his clients and his peers as a top OVI attorney. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the Nations Top 1%, the National Trial Lawyers Top 100 for Criminal Defense, a Dayton Bar Association Foundation Fellow, and has appeared in Time and Car & Driver Magazine for OVI defense. He is a lecturer on OVI defense to police agencies, attorneys, judges, and students, and he taught OVI trial practice at the Greene County Peace Officer Training Academy for over fifteen years.
Charlie is a member of the Dayton Bar Association, the Dayton Bar Foundation (2022 Foundation Fellow), the Greene County Bar Association (past President), the Clark County Bar Association, the Ohio State Bar Association, the Ohio State Bar Foundation (2005 Foundation Fellow), the American Bar Association, and the American Bar Foundation.
Frequently Asked Questions about Ohio open container law
Is it illegal to have an open container in Ohio?
Yes. It is a minor misdemeanor to possess in public an open container of an alcoholic beverage, and a conviction carries a fine of up to $150.00.
What is the penalty for an open container in a car in Ohio?
Possession of alcohol while in a car bumps the charge up to a fourth-degree misdemeanor, which carries up to 30 days in jail. Consuming alcohol in a motor vehicle is also a fourth-degree misdemeanor, with maximum penalties of 30 days imprisonment or a $250 fine, or both.
Is open container a companion charge to an OVI?
Yes. Open container is one of the most common charges filed alongside an OVI, and all of the charges on your citation should be reviewed together.
Is it illegal to transport alcohol in Ohio?
Under Ohio Revised Code 4301.60, it is illegal to transport beer, intoxicating liquor, or alcohol in Ohio unless you hold an H permit. The law does not apply to lawfully purchased alcohol transported from a licensed permit holder.
Free Consultation
If you are facing an open container, transporting alcohol, or OVI charge in the Dayton area, call Charles M. Rowland II at (937) 318-1384 for a free consultation.