Drinking and driving is a serious offense, and it can have severe legal consequences. In Wisconsin, operating a vehicle while intoxicated (OWI) is heavily penalized, and drivers can face fines, the loss of their driving privileges, and jail time in some cases. While most people understand that driving while intoxicated by drugs or alcohol is illegal, they may be unsure about whether they can transport alcohol in their vehicles. Specifically, does having an open container of alcohol in a vehicle automatically lead to OWI charges? An experienced attorney can provide guidance in these cases, helping those who have been arrested based on accusations of drunk driving or driving with an open container understand their options for defense.

The Open Container Law

In Wisconsin, as well as many other states, it is illegal for drivers or passengers to possess an open container of alcohol in the passenger area of a motor vehicle that is being driven on a public road. This law applies regardless of whether the driver is consuming alcohol or not. An open container refers to any alcoholic beverage that has been partially consumed or has had its original seal broken.