What Is an Open Container Law?

Michigan law prohibits possessing or consuming alcohol in an open container in a vehicle or in public places not designated for alcohol use. The law applies to containers that are opened, have a broken seal, or have been partially consumed. This means walking down Main Street with a beer in hand can result in legal trouble — even if you're not intoxicated.

Here are some examples of what would be considered an open container:

• A beer can or bottle, even if only a sip is taken
• A cup of wine, even if it’s in a plastic or paper cup
• Liquor transported in your car that's open or unsealed and not locked in the trunk

Why does this matter? Because violating open container laws in Michigan is a misdemeanor — and can carry significant consequences including fines, a criminal record, and even jail time depending on the circumstances.

The Michigan Open Container Law: MCL 257.624a

Michigan open container laws are outlined under Michigan Compiled Laws section 257.624a, which deals with alcohol in vehicles specifically. The law states that it's illegal for any person to transport or possess an open container of alcohol in the passenger area of a vehicle that's on a public highway — which includes streets and roads in cities like Plymouth.

The key here is that your vehicle doesn't have to be in motion. Just sitting in a car, parked on the street with an open beer can in the cupholder? That’s a violation. Here’s a breakdown of the core components of the law:

• The container must be open, unsealed, or have contents partially removed
• The container must be in the passenger compartment of a car (which includes glove compartments if they aren’t locked)
• The law also applies to passengers, not just drivers

Violating the law is a misdemeanor and can result in up to 93 days in jail, $500 in fines, and points on your driver’s license if applicable. If you’re on probation or have prior alcohol-related offenses, the penalties can get even worse.

Open Containers in Public Places: Parks and Downtown Areas

While state law focuses heavily on vehicles, local ordinances in cities like Plymouth add another layer to be aware of — particularly when it comes to alcohol consumption in public spaces.

Plymouth enforces a no open container ordinance in public places unless there's a specifically approved event with city-issued permits (like the Plymouth Fall Festival or Art in the Park). Even then, alcohol is often confined to designated tented areas or beer gardens — and taking it beyond the perimeter is illegal.

Some areas where open container bans are strictly enforced include:

• Kellogg Park
• Hines Park
• Town Square Commons
• Plymouth Ice Festival grounds
• Along Main Street during public markets or parades outside designated alcohol zones

Just because people are out and about enjoying the festivities doesn't mean you'll be let off the hook for having that bottle in hand. Plymouth police are active during events and often patrol specifically for compliance with open container ordinances.

Exceptions and Special Event Permits

Some city-sponsored or permitted events may allow for alcohol consumption in public areas. These will almost always require a special permit issued by the City of Plymouth and must comply with state laws regarding alcohol sales and consumption.

For example, if a food and wine festival is being held downtown, the city might designate fenced zones where attendees can enjoy alcoholic beverages. However, taking your drink outside those zones — even just across the street — can subject you to an open container charge.

If you're hosting a public event and want to offer alcohol, you or the organizing entity will need to apply for a permit through both the city and the Michigan Liquor Control Commission (MLCC). Without it, serving or consuming alcohol is prohibited — even on private property if that property is accessible to the public during the event.

How Can You Be Charged With a Crime?

In many cases, the biggest issue is intent versus appearance. Police don’t need to see you drinking to charge you. If you’re holding a drink that appears to be alcohol — say a red solo cup at Kellogg Park — and they suspect it contains alcohol, they may order you to surrender the liquid and can still issue citations pending testing.

You can also be charged if:

• You appear intoxicated in a public place and have an open container nearby
• You’re a passenger drinking in a parked car
• You place an open bottle in a bag, and it’s discovered during a lawful search
• You’re at a house party that spills into the front yard or sidewalk

Police aren’t obligated to run tests on every suspected container. Sometimes they'll issue citations based on smell, appearance, or your behavior alone.

What Are the Penalties for Violating Open Container Laws in Plymouth?

The consequences can be more serious than many expect — even for a first-time offense. The penalties can include:

• Misdemeanor Conviction: Up to 93 days in jail
• Fines: Up to $500 per offense
• Community service or probation
• Points on your driver’s license: Especially if it involves a vehicle
• Driver Responsibility Fees: If cited in conjunction with other offenses

These are not traffic tickets. These can show up on criminal background checks, affect job prospects, and interfere with travel plans — especially to countries that bar entry based on alcohol-related offenses.

Underage and Open Containers

For individuals under 21, open container violations come with even more serious consequences. Not only could you face the standard penalties, but also be charged with Minor in Possession (MIP) under Michigan law. That can result in:

• Loss of driving privileges
• Mandatory alcohol education classes
• Additional fines
• A permanent mark on your criminal record

If you're under 21 and caught with an open container — even if you weren’t drinking — the prosecution may be aggressive. Always speak with an experienced attorney before making any admission or plea.

How to Defend Against an Open Container Charge

Being charged doesn’t mean you’re automatically guilty. There are viable defenses depending on the circumstances. Your attorney could argue:

• You didn’t know the container had alcohol (e.g., someone handed it to you briefly)
• You were not in a public space or vehicle when cited
• The alcohol was sealed or tamper-proof and police misidentified the container
• The drink didn't actually contain alcohol
• Your Fourth Amendment rights were violated (unlawful search/seizure)

Your record, behavior, prior offenses (or lack thereof), and attitude during the stop can also influence the potential outcome. Don’t just pay the fine or plead guilty without speaking to someone who knows what they’re doing.

Charged With an Open Container Violation? We Can Help.

At Boria Law PLLC, we’ve helped clients in Plymouth and across southeastern Michigan defend against open container charges, alcohol-related driving offenses, MIP, and more. Whether it’s your first offense or you're facing harsher penalties due to prior convictions, we have the experience to navigate the legal system and push for reduced penalties — or outright dismissals.

Call us at (734) 453-7806 for a free consultation.

We’ll review your case, explain your rights, and guide you through the process step by step. Don’t let a simple mistake follow you for the rest of your life.

Final Thoughts

This summer, before heading out to one of Plymouth's many festivals, trails, or parks with a drink in hand, take a moment to understand how serious open container laws can be. It may seem harmless, but one misstep could derail your record, your job, or even your license.

If you’re ever in doubt, it’s best to keep your drinks at home or within clearly marked designated drinking areas at public events. And if you or someone you know finds themselves facing charges, don’t go it alone. We're here for you.

Contact Boria Law at (734) 453–7806 — we’re ready to fight for you.