Yup.
Summer is finally here. The time to sit back, relax, and enjoy a cold one on a hot summer afternoon is finally upon us. But where can you legally drink? Obviously on one’s own property a person is allowed to consume alcoholic beverages. However, certain city ordinances define where one is legally allowed to have an open container of alcohol outside of one’s home. Your favorite Baltimore Criminal Lawyers are here to help you so that your summer fun doesn’t land you in hot water.
I AM OVER 21, WHERE CAN I LEGALLY DRINK?
A person can legally drink alcohol in proper establishments such as bars and taverns and in one’s own home. The legal issue occurs when one wishes to drink outside of these establishments. Open container laws vary from state to state, county to county and city to city. It is up to each city to create the local ordinances that denote where a person is legally allowed to drink. If you decide to imbibe, abide:
Statewide: It is prohibited to drink alcoholic beverages in a public place such as:
- Public property
- In a shopping center or shopping center parking lot (unless specifically authorized by the owner of the shopping center)
- Any parking area adjacent to a retail establishment (unless specifically authorized by the owner of the shopping center)
- In any parked vehicle parked in any one of the places listed above
It is not prohibited however to consume alcoholic beverages (if of the legal age):
- in a motor home if the passengers are in the living quarters of the vehicle and the vehicle has a toilet and central heating.
- It is also not prohibited to consume alcohol as a passenger on a charter bus if it is not prohibited by the company.
Baltimore City prohibits the public consumption of alcohol on:
- Any public street, avenue, alley, lane, sidewalk, park, building, or ground.
- While in or on motor vehicle including Class A {passenger} or Class D {motorcycle} or Class M {multipurpose} vehicle
Violation of this law is a misdemeanor and punishable by a maximum of 30 days in jail
Baltimore County prohibits the public consumption of alcohol:
- On public property, property used by the public, or a highway; or
- In a vehicle that is located on public property, property used by the public, or a highway.
It is not prohibited however to consume alcoholic beverages (if of the legal age):
- in a motor home if the passengers are in the living quarters of the vehicle and the vehicle has a toilet and central heating.
- It is also not prohibited to consume alcohol as a passenger on a charter bus if it is not prohibited by the company.
Violation of this law is a misdemeanor
Ocean City, MD prohibits the public consumption and possession of an open container of alcohol on/in:
- Any public street, highway, avenue, alley, sidewalk, municipal parking lot, boardwalk or public beach or other public property or in vehicles upon any public street, highway, avenue, alley, municipal parking lot or other public property within the corporate limits of Ocean City.
Violation of this law is punishable by a $500.00 fine or 90 days in jail.
WHAT SHOULD I DO IF I AM CITED?
If you are cited for an open container by a Police Officer, remain calm. Treat the officers with respect as they are merely doing their job to ensure public safety. Depending on where you received the citation, the penalties may differ and may even carry with them jail time. If you do receive a citation for an open container call a Baltimore Criminal Lawyer. ENLawyers can help you mitigate the consequences of receiving a citation for an open container of alcohol. You do not have to deal with this matter on your own. Call us for a free 1-hour consultation to discuss your case.