Possession of an Open Container in Florida


Having an open Alcoholic container is illegal in most municipalities. Contact Palm Beach County Law Firm Bottari & Doyle for representation at 561-588-2781.

  1. “Open or unsealed container” means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption, or the seal of which has been broken.
  2. An open or unsealed container shall be considered to be in the possession of a person if the container is in the physical control of such person.

Penalties for Possessing an Open Container of Alcohol

Possessing an Open Container of Alcohol is a second degree misdemeanor punishable by up to six months of probation, 60 days in jail as a condition of probation, and a $500 fine.

Defenses to Possessing Open Container

  1. The police may have lacked reasonable suspicion to detain you, if the alcohol was in an opaque container such as Styrofoam cup. An illegal detention may lead to suppression of the alcohol and a dismissal of the charge. 
  2. Possessing the open container on private property.
  3. The container is not in physical control of the person.

Contact Us

If you have been arrested or charged with Possessing an Open Container of Alcohol in Palm Beach County, Broward County, or Martin County please do not hesitate to contact a
Palm Beach criminal defense attorney from Bottari & Doyle at (561)-588-2781 for a free consultation.