Here are 4 ways you can get in trouble with alcohol in California you might not know

While it might be a fun past time, consuming alcohol can easily go south if you don’t know your state’s drinking laws.

And like many regulations, local governments also have their own take on what’s legal and what’s not when it comes down to it.

Generally, in California, the legal drinking age is 21 years old. Anyone under 21 who buys or drinks an alcoholic beverage at a place that sells it is guilty of a misdemeanor, according to the state’s department of alcoholic beverage control.

Other ways you can get in trouble with alcohol that you might not know of include:

Having an open bottle in your car

You cannot have an opened or unsealed bottle, also known as an open container, in your passenger space, said Dan Croxall, associate professor of law at the University of the Pacific.

“Even if the alcohol is not actually being consumed,” said Croxall, who also created and instructs the world’s first craft beer law class at a law school.

According to Alcohol Problems and Solutions, all open containers must be in the trunk. It’s also illegal to have an opened alcohol container in the glove box.

Your passenger is drinking

It’s a violation if your friend or family member is drinking in the passenger or back seat, while you’re driving, Croxall said. If caught, the driver will be cited for this.

Violations are punished as an infraction of Vehicle Code 23221, resulting in an open container fine of about $250, according to California law offices.

However, passengers in a limousine, taxi, bus or camper are permitted to drink alcohol, unless there is a minor in the vehicle, according to Shouse California Law Group.

Being intoxicated and rowdy in public

In California, it’s technically legal to be drunk in public, as long as you’re not bothering others.

“If you’re drunk in public and it interferes with someone else’s enjoyment of being out in public, then you can get a drunk in public or public intoxication [charge],” Croxall said.

Under California Penal Code Section 647(f), it is a misdemeanor to be under the influence in public, to the point where you are not careful of yours and other peoples’ safety.

“So you basically have to be acting out while drunk in order to get that kind of violation,” he said.

Drinking in public

In California, it’s illegal to drink alcohol in public spaces.

“It’s generally illegal to actually drink outside of a licensed venue,” Croxall said. “So if you’re walking down the street with a beer, that’s generally illegal.” If caught, you can get an open container violation.

Sacramento has City Code 12.72.080, which prohibits possession and consumption of alcoholic drinks at all city parks, unless it’s permitted for a special event.

This story was originally published February 12, 2022 at 5:00 AM with the headline "Here are 4 ways you can get in trouble with alcohol in California you might not know."