Open Container Charge as a Designated Driver
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed May 3, 2026
Legal Inquiry
Consumer Legal Issue
I was driving people that had been drinking home, I was asleep when asked to take them. so I got up and got in the car and they had brought a bottle that I was unaware of, I was pulled over for a improper turn, and given a court order due to the open bottle.
It says “Transport of open container of Alcohol” and yes it is me on the ticket.
Attorney Answer
Not knowing the bottle was in the car is not just a sympathetic detail here — knowledge is an element of the offense. Oklahoma's open-container statute, Okla. Stat. tit. 37A, § 6-101(A)(7), makes it unlawful to “knowingly transport” an opened alcoholic beverage, so the State has to prove you knew it was there.
Section 6-101(A)(7) prohibits knowingly transporting in any vehicle upon a public highway, street or alley any alcoholic beverage except in the original container, unopened and with the seal unbroken, unless the opened container is in the rear trunk or rear compartment. An officer can write the ticket based on what he sees in the passenger area, but in court the word “knowingly” still has to be proved, and that burden is the State's. Your facts go directly to that element: you were asleep, you were asked to drive, the passengers brought the bottle, and you did not know it was in the car. That is a defense to the charge, not merely mitigation — which is a reason to talk to a lawyer before treating the citation as something to settle.
What you can do:
1. Document the circumstances now, including who brought the bottle, when you were asked to drive, and that you were asleep beforehand.
2. Identify the person who actually owned or brought the bottle, in case that becomes relevant to the case.
3. Consult a traffic or criminal defense attorney about whether diversion, deferred prosecution, or dismissal may be available given the circumstances.
4. Talk to the attorney before paying the ticket — paying a citation is generally treated as entering a plea, which gives up the knowledge element under § 6-101(A)(7) that the State would otherwise have to prove.
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Frequently Asked Questions
Can a driver be charged with an open container violation even if they did not know it was in the car?
It depends on how the state wrote its statute. Oklahoma's has an express knowledge element — Okla. Stat. tit. 37A, § 6-101(A)(7) prohibits knowingly transporting an opened alcoholic beverage — so a driver who did not know the container was in the car is contesting something the State must prove, not just offering an excuse.
Does it matter who owns or brought the alcohol into the vehicle?
It matters mostly as evidence of what the driver knew. In Oklahoma, § 6-101(A)(7) requires knowing transport, so proof that a passenger brought the bottle without the driver's knowledge goes to an element of the offense, not just to mitigation.
Are there alternatives to a conviction for a first-time open container charge?
In many states, options like diversion or deferred prosecution programs may be available depending on the court and prosecutor, and an attorney can advise on eligibility.
