Can you drink alcohol while someone else drives in California? What law says

In California, drinking while driving can result in thousands of dollars in fines, jail time and the loss of your license.

What about passengers? Can someone riding shotgun or in the backseat enjoy alcohol without consequences?

Here’s what you can and can’t do in California when it comes to alcohol use:

What’s considered impaired driving under California law?

According to the California Driver’s Handbook, it is “illegal to drive while under the influence of alcohol or any drug that affects your ability to drive safely.”

Impaired driving isn’t limited to alcohol use.

“Some prescription medications and over-the-counter drugs may interfere with driving,” the West Sacramento Police Department said in a recent news release. “While medicinal and recreational marijuana are legal, driving under the influence of marijuana is illegal.”

“The law does not see a difference between illegal drugs and medications you get from a doctor or pharmacy,” the California Department of Motor Vehicles said in the Driver’s Handbook. “They can all affect your ability to drive safely and react to what you see and hear.”

Can passengers drink in cars in California? Smoke pot?

California’s Vehicle Code makes it illegal for anyone — drivers and passengers alike — to drink alcohol or smoke cannabis in the car while on a public roadway, according to Los Angeles-based law firm Eisner Gorin LLP.

Specifically, you’re not allowed to have “any bottle, can or another receptacle containing any alcoholic beverage” which has been opened or has a broken seal, the law says.

Many items are considered “open containers” under the law, including cups, glasses, flasks and open wine bottles, as well as bottles with the seal removed and empty cans or bottles stowed under your seat, Eisner Gorin LLP said.

Are there exceptions to open container rules?

There are a few exceptions to the law, The Sacramento Bee previously reported.

Drivers and passengers can legally store open containers in a vehicle’s trunk or in a locked compartment — but not a glove box or other reachable areas.

Passengers of limousines, taxis, and other for-hire vehicles can carry open containers and drink alcohol in those vehicles, according to attorneys with the Koenig Law Office in Bakersfield.

California’s open container law applies to every passenger in a rideshare vehicle, including those riding in Uber and Lyft, according to the Gorelick Law Office in Pleasanton.

What are penalties for breaking open container laws?

The minimum fine for an open container violation in California is $250 — up to $363 with fees, the Kraut Law Group in Los Angeles said.

Drivers or passengers under 21 years old found in possession of alcohol can be convicted of a misdemeanor, the law firm said.

That’s punishable by up to a $1,000 fine and a year in county jail.

According to Eisner Gorin LLP, other penalties can include mandatory community service and having your driver’s license suspended for up to one year for a minor found drinking.

How much jail time can you serve for drunk driving?

If you are stopped by law enforcement for driving under the influence of intoxicants, the DMV has the authority to revoke or suspend your driver’s license, The Bee previously reported.

Drivers charged with a first-time DUI can face up to $1,000 in fines — plus fees and penalties — and six months in county jail.

If you’re convicted of impaired driving four or more times in a 10-year period, you can expect up to $5,000 in fines and three years in state prison, according to Southern California law firm Chudnovsky Law.