Michigan Open Intoxicants Drunk Driving Law Information
Michigan Open Intoxicants in a Motor Vehicle (Open Intox) Attorneys
In Michigan, it is illegal for a driver or occupant of a vehicle to transport or possess alcohol in an uncapped or unsealed container in the passenger compartment of the vehicle while the vehicle is on the roadway or moving in any place open to the general public or generally accessible to motor vehicles. The purpose for making Open Intoxicants illegal in Michigan is to try to stop people from drinking and driving.
There are two exceptions to this Open Container law in Michigan. First is if the vehicle does not have a trunk or separate compartment, and the open container is enclosed or encased and not readily accessible to the occupants of the vehicle. Second is when the passenger is riding in an authorized chartered vehicle.
Penalties for Open Intoxicants in a Motor Vehicle violation:
Open Intoxicants in a Motor Vehicle is a misdemeanor crime in Michigan that could land you in jail for up to 90 days. You could also be ordered to pay a fine of up to $100, perform community service, and undergo substance abuse screening.
After your first Open Intoxication offense, your driver’s license will not be suspended or revoked, but expect that to change with subsequent offenses, including 30 days of suspension and 60 days of restriction for a second offense and 60 days of suspension and 305 days of restriction for a third offense. Each Open Intoxicants offense leads to 2 points on the offender’s driver’s license.
Many times, Open Intoxicants in a Motor Vehicle is charged right along with Operating While Intoxicated (OWI) or Operating While Visibly Impaired (OWVI). So, expect that you will receive extra penalties if you are found guilty of those crimes, as well.
Do not confuse Open Intoxicants in a Motor Vehicle to the crime of Consuming Alcohol on a Highway, which does not require the offender be in a vehicle. Consuming Alcohol on a Highway is a misdemeanor crime that carries up to 90 days in jail and a $500 fine.
Your Open Intoxicants lawyer:
At Kronzek & Cronkright, PLLC, we have practiced law for over 80 combined years. We know what it takes to win drunk driving cases in Michigan. We are known across the legal community as being tough criminal defense lawyers. We fight to win!
Contact us today to schedule your free initial consultation! We can be reached at (866) 766-5245 or you can email us.