Open Container Lawyer in Raleigh

Infraction or Misdemeanor? Your Charge Determines Everything

North Carolina’s open container law, codified at N.C.G.S. 20-138.7, creates two distinct offenses rather than a single blanket charge. Depending on the facts of your stop, you could be facing a non-criminal infraction with a small fine or a Class 3 misdemeanor with license consequences attached. Understanding which charge applies is the first step in deciding how to respond.

Paying a citation is essentially admitting guilt to the alleged violation. Before you do that, it’s worth talking with an attorney about what the state would actually need to prove.

Working Directly with an Attorney on Your Case

Jeremy Cotten has handled more than 50,000 traffic tickets and criminal cases throughout his career, and that courtroom experience shapes how we approach every matter at Cotten Law Firm, PLLC. We’re a boutique firm, so you work directly with us rather than being passed through layers of staff. You’ll have a consistent point of contact and someone who actually knows your case.

We take time to discuss your situation honestly so you understand your options instead of feeling pressured to pay the fine and move on. We learn what happened from your perspective, analyze the evidence, and build a defense tailored to the specific charge on your citation.

North Carolina’s Two-Tier Open Container Statute

The statute divides open container violations into two separate offenses based on who is charged and what they were doing. The distinction matters because the penalties, the elements the state must prove, and the license consequences aren’t the same.

The Passenger Possession Offense

Under subsection (a1), no person may possess or consume an alcoholic beverage in the passenger area of a motor vehicle on a highway or its right-of-way unless the beverage is in its unopened manufacturer’s original container. Only the person who actually possessed or consumed it is charged. This offense is generally classified as an infraction, a non-criminal violation carrying a maximum fine of $100 plus court costs.

The Driver Consumption Offense

Under subsection (a), it is unlawful to drive a motor vehicle on a highway while an alcoholic beverage is in the passenger area outside its original sealed container and the driver is consuming alcohol or has alcohol remaining in their body. This version of the charge is a Class 3 misdemeanor for a first offense and elevates to a Class 2 misdemeanor for any subsequent offense.

What “Open” & “Passenger Area” Mean Under the Law

A container is considered open if its manufacturer’s seal has been broken. An unopened container may be transported freely in the passenger area without triggering the statute. Where things get complicated is the definition of “passenger area.”

The passenger area includes anywhere a driver or passenger could be seated and anywhere within reach, including the glove compartment. To comply with the law, an open container generally needs to be in the trunk or, in vehicles without a trunk, behind the rearmost seat. The statute does provide exceptions for vehicles-for-hire such as buses and taxis, and for the living quarters of motor homes and house cars.

Penalties, DMV Points, & License Revocation

If you’re charged under the misdemeanor driver/consumption subsection, the potential consequences go beyond a fine. Here is what the statute generally provides:

• Jail exposure: A first offense can carry up to 20 days in jail plus a fine. A second or subsequent offense can carry up to 60 days in jail plus a fine.
• DMV license points: A misdemeanor conviction under this subsection is treated as a moving violation, and the NC Division of Motor Vehicles assesses points against your driver’s license.
• License revocation schedule: A first conviction makes revocation a possibility. A second triggers a mandatory six-month revocation. A third or subsequent conviction results in a one-year revocation.
• Implied consent: The driver/consumption offense is an alcohol-related offense subject to North Carolina’s implied consent provisions. Refusing a test or registering .08% or higher can result in license revocation independent of the criminal charge.
• Limited driving privilege: If your license is revoked solely because of a conviction under this subsection, you may be eligible to apply for a limited driving privilege, subject to the eligibility requirements in state law.

How Wake County Processes Open Container Citations

Most infraction-level citations in Raleigh are routed through Wake County Administrative Traffic Court on your scheduled court date at the Wake County Justice Center.

Administrative Traffic Court doesn’t conduct trials. If you want to contest an infraction, you must appear on your initial date and request a continuance so the citing officer can be subpoenaed for a later hearing. Missing that step means losing your chance to challenge the citation on the merits, which is part of why it helps to have an attorney involved before you walk in.

Discuss Your Citation Before You Decide

Attorney fees at Cotten Law Firm, PLLC can be as low as $95 depending on the case, and we offer a free initial consultation so you can understand your options before committing to anything. The right move depends on which charge applies, the facts surrounding the stop, and what outcome matters most to you.