Atlanta DUI: What is an Open Container?

Posted by William H. Sherman on Jul 02, 2014 | 0 Comments

Question:  I was in Atlanta for a wedding and got arrested for DUI.  I knew the groom since our Emory University days and I actually dated the bride for 2 years.  After the wedding I went out by myself for a few drinks.  I went to Sister Louisa's Church of the Living Room & Ping Pong Emporium, The Cheetah and finally to the St. Regis Atlanta Hotel where I hit the bar.  I was staying at the St. Regis.  The problem started when I couldn't sleep and went out for just one more drink at about 4:00 a.m.

I got stopped by an Atlanta Police Officer for DUI.  He said he could smell alcohol on me.  He arrested me for drunk driving and took me to jail.  He gave me a ticket for an open container of alcohol but I really just had a cup of beer from The Cheetah not any real booze.

Is a cup with a little beer in it really an open container?  He asked me what was in it and I said SweetWater beer.  Now I have to go to court at the Atlanta Municipal Court for this DUI.

Answer:  Yes, a cup with beer in it is considered an open container.  An open container charge is a separate charge from the DUI.  The open container, in this case the cup of beer, can also be used by the prosecution for establishing a DUI case.  We have seen all manner of containers, including cups, flasks, bottles, so-called “beer bongs” and other drinking devices.  Prosecutors try to make much of these.

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Arrested for DUI in Atlanta?   Then you need to speak with an Atlanta DUI lawyer at the highly-ranked Sherman Law Group.  Our experience tremendously helps our clients.  We've been a Magistrate Judge, an Assistant Attorney General and as an Assistant County Attorney.  To speak to an Atlanta DUI lawyer at the Sherman Law Group any time, day or night, call us at 678-215-4106.

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William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


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