Open Container Attorney

Serving Wyoming & South Dakota

An open container charge in Wyoming or South Dakota can feel like a minor ticket, but it is still a criminal offense that can leave a mark on your record. If you were stopped and cited in or around Gillette, you may be worried about court, costs, and what this means for your future.

We understand how stressful that can be. Many people feel embarrassed, confused about what the citation actually means, and unsure whether they should just pay it and move on. Our job is to replace that uncertainty with a clear plan.

At Just Criminal Law, we focus our work on criminal defense, including alcohol related charges. Our team is based in Gillette, and we are led by former prosecutors who know how these cases are built and how they can be challenged. When you call us, we move quickly to explain what you are facing and what options you really have.

Contact our firm today at (307) 300-2240 to schedule a consultation.

What is Considered an Open Container?

Generally, an "open container" is any bottle, can, or receptacle containing an alcoholic beverage that has been opened, has a broken seal, or has had its contents partially removed.

While the definition is similar in both Wyoming and South Dakota, the specifics of how the law is applied can vary. In both states, "alcoholic beverage" typically includes distilled spirits, wine, and malt beverages (beer).

Wyoming Definition (W.S. § 31-5-235)

In Wyoming, it is illegal to consume, transport, or possess an alcoholic beverage in a motor vehicle while it is in motion on a public street or highway unless it is in the original unopened package with an unbroken seal. Wyoming law also includes a specific exception for resealed bottles of wine purchased from a restaurant, provided they are transported in accordance with state guidelines (usually in the trunk or a non-passenger area).

South Dakota Definition (SDCL § 35-1-9.1)

South Dakota’s law is even more direct. It is a misdemeanor for any person in a motor vehicle on a public highway or right-of-way to possess a package or receptacle containing an alcoholic beverage if the seal is broken. This applies to both drivers and passengers.

Penalties for Driving with an Open Container in Wyoming

In Wyoming, open container violations are typically treated as misdemeanors. While they may seem minor compared to a DWUI, the penalties escalate with subsequent offenses.

• First Offense: A fine of up to $200.
• Second Conviction (within one year): A fine of up to $300, and the possibility of up to 30 days in jail.
• Third or Subsequent Conviction (within one year): A fine of up to $500, and up to 6 months in jail.

Beyond the court-ordered penalties, a conviction appears on your driving record. For those with commercial driver’s licenses (CDL) or jobs that require a clean record, this can have a devastating impact on employment.

Penalties for Driving with an Open Container in South Dakota

South Dakota classifies an open container violation as a Class 2 Misdemeanor. The state takes a strict stance on alcohol in vehicles, and the penalties reflect that.

• Fines: You may be ordered to pay a fine of up to $500.
• Jail Time: A conviction can carry up to 30 days in a county jail.
• Criminal Record: Unlike a simple traffic ticket, a Class 2 Misdemeanor is a criminal offense that will show up on background checks.

If the open container violation is discovered during a stop where the driver is also suspected of DUI, the legal complications multiply. Having a skilled legal team to separate these charges is vital.

Legal Defense to Open Container

Being cited does not mean you are automatically guilty. There are several legal strategies that a Gillette open container lawyer from Just Criminal Law can use to challenge the prosecution’s case:

• Improper Location: The law generally applies to "passenger areas." If the container was in a locked trunk, behind the last upright seat in a vehicle without a trunk, or in a locked glove box (in South Dakota), it may not legally qualify as a violation.
• Lack of Knowledge or Possession: If a passenger brought an open container into your vehicle without your knowledge, or if the container was found in a part of the car you did not have access to, we can argue a lack of "constructive possession."
• The Vehicle was not "In Motion": Wyoming law specifically mentions the vehicle must be in motion on a public street. If you were parked on private property, the state’s statute might not apply.
• Constitutional Violations: If the police pulled you over without reasonable suspicion or searched your vehicle without probable cause or consent, the evidence (the container) may be suppressed and the charges dismissed.
• Sealed Container: Occasionally, officers mistake a "re-sealed" or decorative bottle for an open container. If the original seal was actually intact, the charge cannot stand.

FAQs About Open Container Charges in Wyoming and South Dakota

Can a passenger drink in the car if I am sober?

In both Wyoming and South Dakota, the open container law applies to passengers as well as drivers. If a passenger is holding an open beer, the driver can be cited, and the passenger may also face charges. The only exceptions are usually for-hire vehicles (like limousines or buses) or the living quarters of an RV.

What if the bottle is in a shopping bag in the backseat?

If the seal is broken, it is considered an open container. Even if the bottle is "closed" with a cap, if the original manufacturer's seal is broken, it must be stored in the trunk or an area not accessible to the driver or passengers.

Will an open container charge affect my insurance?

Yes. Insurance companies often view open container violations as a sign of high-risk behavior. A conviction can lead to significant increases in your monthly premiums.

Can I be arrested for an open container?

While officers often issue a citation and release you at the scene, an open container violation is a misdemeanor. This means they do have the authority to arrest you, especially if there are other complicating factors involved.

Why Work With Our Team

Choosing the right lawyer is not just about who is available on short notice. It is about who truly understands criminal law in this community and will take your case seriously. At Just Criminal Law, we handle criminal defense and nothing else. Every day, we are in the world of Wyoming statutes, local court procedures, and negotiations with prosecutors.

We prepare every file as if it could go to trial. Even though many open container cases resolve through negotiation, that trial-ready mindset changes how we analyze the evidence and how we talk to the state. It gives us the confidence to push back when a proposed outcome does not make sense for your record or your future.

Our attorneys and staff work as a coordinated team. That means someone is tracking your deadlines, organizing discovery, and confirming court dates so you do not have to chase information or worry that something was missed. We know that many of our clients are juggling work, family obligations, and travel, so we keep the process as organized and predictable as the system allows.

Just as important is how we communicate. We give direct answers instead of vague platitudes. We explain the risks of different choices and what they could mean long term, whether for job applications, licensing questions, or the way future cases might be treated. Clients often tell us that the outcome felt better than they expected, but we arrive there by building a strategy around their life, not just the file.

Call (307) 300-2240 to talk with our team about your open container case.