What are Non-DUI Alcohol-Related Offenses in California?

Everyone knows that speeding or running a red light or stop sign can result in being pulled over and receiving a traffic ticket for a momentary lapse in judgment. But did you know that there are literally hundreds of California Vehicle Code sections you can violate every single time you get in your car? And that this includes some that don´t even require you to be driving?

Non-DUI alcohol-related traffic offenses happen more than people realize, and that is mainly because drivers aren´t aware of the law let alone the consequences these violations create. Being cited for the many violations that are non-DUI alcohol-related can result in suspension of your license, a raise in your car insurance premiums, and hundreds of dollars in fines. The most common alcohol-related traffic violations are as follows:

• Open container on person of driver VC 23222(a) – This is the most common of the "minor" alcohol offenses. A violation of this section requires that the driver of a vehicle hold an open container which contains any amount of alcohol. While the law states that the driver must have alcohol on "his or her person," this section is often cited if an officer wishes to ticket a driver when a passenger possesses an alcoholic beverage. If this is the case, you have a very winnable case. If the officer wished to cite someone for having an open alcoholic container, he should have cited the passenger under VC 23226, as discussed below. Contact a Wallin & Klarich attorney today to discuss your case and how you can have your ticket dismissed.



• Open container kept in vehicle by driver or owner VC 23225(a) – This section varies from the violation immediately above because it does not require an open container be on the "person" of the driver. You may be cited for this offense if there is an open alcohol container located almost anywhere in your vehicle besides the trunk. However, it is not necessary to even be driving – you may be cited for this offense if you are the owner of the vehicle and someone else is driving, or if you are parked on the side of the road.



• Driver drinking in vehicle VC 23220 – The elements to violate this section require a person driving a vehicle to be drinking an alcoholic beverage. However, to be found guilty on this defense, an officer must actually see you drinking from a can or bottle; an officer merely observing a driver with an alcoholic beverage and smelling alcohol on the driver´s breath is not sufficient to prove a violation of this section. It is common for a citing officer to make this improper conclusion. If this is your situation, it is likely that an experienced Wallin & Klarich attorney can have this sort of violation dismissed.



• Alcohol violations involving a passenger VC 23221(b), 23223(b), & 23226(b) - Unlike the violations discussed above, these vehicle code infractions involve passengers. For these sorts of violations, it is not necessary to be the driver or owner of the vehicle, and in fact it is often not even necessary to be in a moving vehicle; a person can be cited while a vehicle is parked on a public street. However, these violations are open to the same sort of challenges as discussed above.

With over 30 years of experience, the skilled Riverside criminal defense attorneys at Wallin & Klarich have dealt with all of these infractions before, and will be able to give you the best possible chance to win in court. Often, these sorts of tickets can be reduced to non-moving infractions, which do not result in a point on your record (or an increase in your car insurance) or even completely dismissed. Our aggressive and dedicated attorneys are available 24 hours a day 7 days a week to advise you on your case. Call us today at 1-888-280-6839.