According to Kansas statute, KSA§8-1599, transporting open containers of alcoholic beverages where they are accessible to the driver or passengers is a misdemeanor violation of Kansas law.
“In Kansas, you can’t legally transport an alcoholic beverage unless it’s in the original unopened container, locked in the trunk, or on an authorized RV or for-hire bus where it’s not accessible to the driver,” said Jonathan W. McConnell, lead DUI attorney at the McConnell Law Firm in Wichita, Kansas.
So while driving with an open container is a violation of the Kansas law on its own, it is a separate offense from Driving Under the Influence (DUI). However, driving with open alcohol containers within reach of you or your passengers can lead to suspicion of intoxication. If you are pulled over and the officer sees an open container, you will likely be subjected to field sobriety testing.
Contingent on past convictions, being charged with an open container violation is a misdemeanor and can result in a fine of up to $200 with a maximum of six months in jail. Violators under 21-years-old may be required to complete an alcohol and drug evaluation and receive recommended treatment to follow. Additionally, if someone receives two open container convictions within a five-year period, it could result in a one-year license suspension.
Do You Need A Wichita DUI Attorney?
If you’ve been accused of or charged with a DUI or transporting an open container in the Wichita area, contact the McConnell Law Firm. Although every case is different and no conclusions should be drawn without a legal consultation to discuss the specifics of your case, it is usually best to hire a criminal defense attorney immediately following such an accusation or charge.
Although contacting the McConnell Law Firm at the beginning of a criminal investigation is ideal, we can also provide assistance even after charges have been filed.
Please contact the McConnell Law Firm, P.A., at (316) 243-5903 for a free consultation. We look forward to helping you!
