Eric Skager Law can help you if you’ve been stopped and given a traffic ticket in High Point. Getting stopped with an open container in your vehicle might not seem like a major issue–but in North Carolina, it can lead to real consequences, and it’s often tied to bigger problems like DWI or DUI. Our team helps drivers in High Point understand what they’re up against and how to move forward. If you’ve been charged and want to talk through your options, set up a free consultation.
Why Do You Need a Lawyer for an Open Container Charge?
Facing a traffic stop that comes when you have an open alcohol container in the car is pretty demoralizing. But the reality is that you have rights–even if it might not seem like it. Unfortunately, you’re facing potential jail time, license suspension, and other penalties that can impact your future. That’s why you’d need a lawyer, and that’s where my team can step in and help you with:
- Walking you through the process step by step so you’re not left guessing what’s next.
- Taking a close look at the stop itself, the officer’s reasoning, and any related evidence like dashcam footage or statements.
- Challenging how legal the stop was, asking how the container was discovered, or working to reduce the charge, we go through every option to protect your license and record.
Open container violations are often tied to bigger concerns, but being charged doesn’t mean you’re automatically guilty. What matters now is how you respond–and who you have on your side.
What Are High Point’s Open Container Laws?
If you’re pulled over in High Point and there’s alcohol in your car, how it’s stored–and where–matters a lot. North Carolina has strict open container laws, and even something as simple as a half-empty beer in the wrong spot can lead to a charge. But it all starts with understanding the circumstances. Here’s how the law approaches open containers in High Point:
- What’s an open container? – Any bottle, can, or cup that’s been opened, has a broken seal, or has had some of the contents removed is considered “open.” That applies even if no one in the car is drinking from it.
- Where are open containers not allowed? – You’re not allowed to have open containers of alcohol in the passenger area of a vehicle–whether you’re on the road or pulled over on the shoulder. The law applies to both personal and commercial vehicles. The “passenger area” includes anywhere a driver or passenger can reach while seated–yes, even the glove compartment. In most cars, SUVs, or hatchbacks, only the space behind the last row of upright seats is considered outside the passenger area. So tossing that bottle in the back cargo area could make a big difference.
Also, it’s always illegal to have open liquor, fortified wine (like port or sherry), or mixed drinks anywhere in the passenger area, no exceptions. So, with that, you have the basic guidelines of open containers. But once you’re stopped, you need to start thinking about defense.
How Can You Defend Yourself Against an Open Container Charge?
Your main question after getting pulled over with an open container is pretty simple: how can you defend yourself? This isn’t the easiest situation to be in–you either have an open container in your car or you don’t. But an open container doesn’t always lead to a conviction—especially when the stop or investigation didn’t follow the rules. The details of your situation matter, and in many cases, those details can be used to build a solid defense. Here’s how that might look:
- No valid reason for the stop – If the officer pulled you over without a legitimate reason, that’s a big issue. Any evidence gathered afterward–open container included–could be thrown out.
- Symptoms explained by something else – Sometimes people look impaired when they’re just tired, stressed, or dealing with a medical issue. If that’s true for you, it’s important to bring it up.
- Procedural issues – Police have to follow specific steps during a traffic stop. If they skipped something or made a mistake–like giving a field sobriety test the wrong way–that can help your case.
- Unreliable test results – Breath tests and blood tests aren’t always accurate. Machines break, tests get mishandled, and even things like acid reflux or certain foods can throw off the results.
- Conflicting evidence – If there’s dashcam or bodycam footage–or if someone else saw what happened–that evidence might tell a different story than what’s written in the report.
- Paperwork and procedural mistakes – Even small errors–like missing documentation, mishandled evidence, or gaps in the chain of custody–can cast doubt on the whole case.
You don’t have to just accept the charge and hope for the best with an open container. A thoughtful defense can often reduce the penalties–or in some cases, lead to the case being dismissed. But everything starts with the initial stop.
What Penalties Could You Face for Open Container Charge in High Point?
Open container charges are often tied to DWI investigations, and that combination can make the penalties in place even more serious. With that said, the outcome usually depends on a few key details:
- Was your blood alcohol content (BAC) over the legal limit?
- Do you have any prior alcohol-related charges?
- Were there passengers in the car, especially children?
With a stop and an open container, here’s what you could be facing:
- Jail time – Even if it’s your first offense, an open container charge combined with a DWI can land you behind bars. The more serious the circumstances–like previous convictions or kids in the car–the harsher the punishment.
- Costly fines – Open container violations come with fines on their own, but if they’re connected to a DWI, the costs can climb into the thousands. That doesn’t include court fees, license reinstatement, or other related expenses.
- Ignition Interlock Requirement (IIR) – If your BAC is high enough, the court could require you to install a breath-testing device in your car. You’ll have to blow into it every time you want to drive—and you’ll pay for installation, maintenance, and monthly monitoring.
- License suspension – An open container charge tied to impairment could lead to losing your license. For many people, that means losing their way to work, school, or taking care of family responsibilities.
- Alcohol or substance abuse programs – Depending on the case, you might be ordered to complete an alcohol education class or substance abuse program—and you’ll be expected to pay for that, too.
Even a single charge can impact your job, your record, and your daily life. But being charged doesn’t mean you’re automatically guilty. If you’ve been cited for having an open container in High Point–especially if there are DWI allegations–my firm can help you.
Legal Support When You’re Facing an Open Container Charge in High Point
An open container charge in High Point is never ideal, but it doesn’t have to define your entire future. At Eric Skager Law, we help drivers across High Point get through the legal system, understand their options, and build smart defenses. If you’re ready to talk through your next steps, we’re here to help you move forward. Reach out today for a free consultation to get started.
