CVC 23222(a)Eligible for written declaration

Open Alcohol Container in Vehicle

Having on your person, while driving on a highway, a bottle, can or other container of an alcoholic beverage that has been opened, has a broken seal, or has had some of its contents removed.

Reviewed by the TicketClear teamLast reviewed October 10, 2026

Fine: $363DMV Points: 1

1 DMV point on a conviction (Vehicle Code 12810(f); 2026 Uniform Bail and Penalty Schedules).

Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one point in the previous three years ends Good Driver Discount eligibility (Insurance Code 1861.025(b)(1)).

This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.

What is a Open Alcohol Container in Vehicle ticket?

CVC 23222(a) says a person shall not have in their possession on their person, while driving a motor vehicle upon a highway or on lands described in Section 23220(c), a bottle, can, or other receptacle containing an alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.

Ask your insurer how a conviction affects your policy.

What the Law Says

(a) A person shall not have in their possession on their person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, a bottle, can, or other receptacle, containing an alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.

What the Officer Must Prove

1You were driving a motor vehicle upon a highway or on lands described in Section 23220(c)
2You had in your possession on your person a bottle, can, or other receptacle containing an alcoholic beverage
3The receptacle had been opened, had a seal broken, or had its contents partially removed

Arguments Commonly Raised for Open Alcohol Container in Vehicle

General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.

Not on your person

CVC 23222(a) applies to a receptacle in the driver's possession on their person. Describe where the container was in the vehicle and whose it was.

Not opened

The section applies to a receptacle which has been opened, or a seal broken, or the contents of which have been partially removed. If the container was sealed, describe it and include photos.

Where you were driving

The section applies upon a highway or on lands described in Section 23220(c). Describe where you were.

⚠️ Common Mistakes

✗Leaving out where the container was and whose it was
✗Not keeping photos of the container

What this code section covers (general information)

CVC 23222(a) — Open Alcohol Container in Vehicle. Having on your person, while driving on a highway, a bottle, can or other container of an alcoholic beverage that has been opened, has a broken seal, or has had some of its contents removed.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 23222(a). It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.

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