Open Intoxicants ? Open Alcohol In A Motor Vehicle
What is open intoxicants? Did you know that if you are in a vehicle that is upon a highway or otherwise open to the general public or generally accessible to motor vehicles you are not allowed to have an open container of alcohol? This applies to individuals that are driving or simply a passenger found within the motor vehicle. See MCL ? 257.624a. This is known as open intoxicants within a motor vehicle, and is considered a misdemeanor here in the State of Michigan.
The rule states as follows that individuals are ?not allowed to not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle,? i.e.e not possess open intoxicants within a motor vehicle. MCL ? 257.624a(1). A passenger area of a vehicle has been defined as: ?means the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.? MCL ? 257.624a(5)(d). As you can see both the driver and the passenger can be guilty of open intoxicants here in Michigan.
If an individual is convicted of open intoxicants for the first time he or she will receive two (2) points on his or her drivers license. Also, a misdemeanor will be placed on the individual’s record. Moreover, if an individual is convicted of open intoxicants two (2) times within 7-years then he or she will receive a 30-day suspension followed by 60-days of having a restricted license. An individual convicted of open intoxicants three (3) times will receive a 60-day suspension with a 305-day restricted.
It is imperative to know what happens to your license when you plead to or are convicted of an alcohol or drug crime, such as open intoxicants here in Michigan. An individual may also have to perform community service and undergo substance abuse counseling at the direction of the court if they plead guilty to or are convicted of open intoxicants. It is logical to see that subsequent convictions of open intoxicants will only increase your risk of a more severe punishments during the sentencing stage of the criminal process.
What?s more important is knowing that your past criminal history, if involving alcohol or drugs, will only bring about more licensing issues and stiffer requirements while on probation, which is the reason it is a logical thought and comment. Other crimes can too have an impact on when you can drive again, even when the prior conviction is not a open intoxicant charge.
Contact a criminal defense attorney immediately if you are involved in any kind of criminal action, whether it is a misdemeanor or a felony. Josh Jones is your Michigan Criminal Lawyer and is here for your 7-days a week. 734-355-0424 or 810-691-7308 today!
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