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Cincinnati Open Container Law
Carrying an open container in public is against the law in Cincinnati. An open container charge is a commonly occurring criminal offense that happens on a daily basis. During Ohio State football games tickets for open container violations are handed out routinely. Our Cincinnati open container lawyers have plenty of experience with these cases.
An open container violation can be defined according to the Ohio Revised Code (ORC 4301.62) as anyone in possession of an open container of alcohol if any of the following situations are applicable:
- It occurs in a store that sells alcohol unless the alcohol was a sample;
- Any venue that has a license to serve alcohol unless any of the following circumstances are applicable: It has authorization to sell alcohol that can be drunk immediately;
- It has authorization to serve alcoholic beverages;
- It is a convention center;
- It is a sample of alcohol;
- It is a music festival;
- It is an outdoor performing arts venue
- It occurs in any other kind of public place;
- It occurs in a moving or parked vehicle, regardless of whether you are the driver or passenger, unless you are riding in a limousine and you are in the back.
In addition to the stated definition of an open container violation, it is also illegal to carry previously opened bottles of alcohol anywhere in your vehicle except the trunk.
If you are convicted of an open container offense, you will face a minor misdemeanor charge. This entails a fine of up to $150.
If you are convicted of consuming alcohol in a vehicle, you will face a fourth degree misdemeanor. This will entail up to 30 days in prison and a fine of up to $250. Make sure to work with an experienced open container attorney in Cincinnati to help understand your charges and possible defenses.
What About Cincinnati’s “Open Container” Entertainment Districts?
While carrying alcohol in public is illegal in most parts of Cincinnati, Ohio law does allow cities to establish designated open container zones—officially called Designated Outdoor Refreshment Areas (DORAs). These areas let you carry and consume alcohol outdoors within clearly marked district boundaries.
Cincinnati was one of the early cities to support this legislation. Since the law passed, several DORAs have been implemented across Ohio in cities like Middletown and Toledo, and interest in Cincinnati-based districts—such as The Banks along the riverfront—continues to grow.
However, unless you are within one of these authorized zones, the city’s original open container laws remain in full effect. That means you could still be charged for walking around with an open beer or cocktail outside of permitted areas—even during large public events or in entertainment districts not designated as DORAs.
If you were cited or arrested for an open container violation, even mistakenly, you still need to take the charge seriously. A conviction can stay on your record and cause issues with employment, licensing, or immigration status.
Facing charges? Contact a Cincinnati Open Container Lawyer today.
Though they seem minor, open container charges can result in penalties like fines, jail time, and a mark on your criminal record. We can help. Our Cincinnati criminal defense lawyers have handled criminal charges ranging from minor alcohol offenses to violent crimes. Don’t hesitate to contact our alcohol crime lawyers in Cincinnati today for a free consultation at (513) 338-1890 or email us at advice@cincinnaticriminalattorney.com.