Alcohol Ticket Attorney in Greensboro, NC
An alcohol ticket or open container charge can carry a misdemeanor conviction, a moving violation on your driving record, and insurance consequences. Attorney Jason Aycoth defends these charges at Guilford County Courthouse every week. Call now to discuss your case.
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The short answer: North Carolina G.S. 20-138.7 creates two separate offenses. A driver operating a vehicle while consuming alcohol or with alcohol remaining in the body, with an open container in the passenger area, faces a Class 3 misdemeanor for a first offense. A passenger who simply possesses an open container faces an infraction only, which carries no criminal record. The distinction matters enormously for how your case should be handled.
What those charges do to your insurance record, your driving privileges, and your criminal history depends on the specific facts of your stop and how the charge is classified. Attorney Jason Aycoth analyzes those facts from day one.
- What G.S. 20-138.7 Actually Says
- Driver Misdemeanor vs. Passenger Infraction
- Penalties and Sentencing Under G.S. 15A-1340.23
- Moving Violation and Insurance Consequences
- Rideshare, Taxi, and Motor Home Exceptions
- Underage Drivers and G.S. 20-138.3
- How Jason Aycoth Defends Alcohol Ticket Cases
- How to Choose an Alcohol Ticket Lawyer in Greensboro
- Your attorney
- What clients say
- Where we practice
- Questions people ask
What G.S. 20-138.7 Actually Says
North Carolina’s open container statute sits at G.S. 20-138.7. It creates two distinct offenses that many people, and even some attorneys unfamiliar with traffic law, conflate. Understanding which offense applies to your situation is the first thing that must happen when you call this office.
Subsection (a) applies to the driver. It is unlawful to drive on any highway or the right-of-way of any highway while both of the following are true: (1) an alcoholic beverage is in the passenger area of the vehicle in other than an unopened manufacturer’s original container, and (2) the driver is consuming alcohol at that time, or alcohol remains in the driver’s body.
Both elements must be present. An open container in the passenger area by itself is not sufficient under subsection (a) if the driver has no alcohol in the body. That distinction is a defense a careful attorney will examine immediately.
Subsection (a1) applies to any person in the passenger area. No person may possess an alcoholic beverage other than an unopened manufacturer’s original container, or consume one, while the vehicle is on a highway. Only the person who actually possesses or consumes is charged. A driver is not charged under (a1) simply because a passenger has an open container.
Subsection (a3) extends the statute to mopeds. If you were riding a moped, G.S. 20-138.7 applies just as it would to any other motor vehicle.
The open container definition: Under G.S. 20-138.7(f), if the seal on a container has been broken, it is treated as opened even if it appears empty or has been rinsed. This is a fact the State must prove, and it is a fact that can be examined and challenged.
Driver Misdemeanor vs. Passenger Infraction
The classification of the charge changes the entire case. Under G.S. 20-138.7(e), a violation of subsection (a) by a driver carries criminal misdemeanor consequences. A violation of subsection (a1) by a passenger is an infraction, which is not a crime and does not result in a criminal conviction.
| Charge | Who Is Charged | Classification | Criminal Record? | Moving Violation? |
|---|---|---|---|---|
| G.S. 20-138.7(a) | Driver | Class 3 misdemeanor (1st), Class 2 (2nd or subsequent) | Yes | Yes (G.S. 20-16(c)) |
| G.S. 20-138.7(a1) | Passenger or possessor | Infraction | No | No |
| G.S. 20-138.7(e) — driver convicted of (a1) | Driver as lesser-included | Infraction (lesser included) | No | No |
Notice the final row. Subsection (a1) by a driver is a lesser-included offense of subsection (a). If you are a driver charged under (a) and an attorney negotiates a reduction to the infraction, you avoid a misdemeanor conviction and the moving violation designation. That outcome depends on the facts and how the case is argued, not on anything the courthouse hands to you automatically.
Penalties and Sentencing Under G.S. 15A-1340.23
North Carolina misdemeanor sentencing is governed by G.S. 15A-1340.23 and depends on the class of the offense and the defendant’s prior conviction level.
| Offense Class | Prior Record Level I | Authorized Disposition | Fine Cap |
|---|---|---|---|
| Class 3 misdemeanor (first offense under G.S. 20-138.7(a)) | 1 to 10 days | Community punishment only, per G.S. 15A-1340.23(c). With three or fewer prior convictions, G.S. 15A-1340.23(d) authorizes a fine-only judgment. | $200 |
| Class 2 misdemeanor (second or subsequent offense) | 1 to 30 days | Community punishment only, per G.S. 15A-1340.23(c). The court must suspend the sentence under G.S. 15A-1340.20(c). | $1,000 |
Where the grid authorizes community punishment only, G.S. 15A-1340.20(c) requires the court to suspend the sentence. The exception is a term equal to or less than time already spent in confinement on the charge. With an attorney arguing to keep the case within the community punishment band authorized by G.S. 15A-1340.23, incarceration can often be avoided at Level I. That argument is made by your lawyer, not handed to you by the court.
Do not mistake the sentencing grid for an automatic outcome. The grid sets what the court is authorized to do. Whether the judge stays at the lower end, whether a deferred prosecution is available, and whether the charge is reduced are all results that come from how the case is handled, not from the calendar.
The conviction itself is the part that lasts. A Class 3 misdemeanor on your criminal record can affect professional licensing, background checks, and immigration status. That is why representing yourself or treating this as a minor matter before looking at all the facts is a decision worth reconsidering before your court date.
Moving Violation and Insurance Consequences
Under G.S. 20-16(c), a conviction for G.S. 20-138.7(a) by a driver is a moving violation. North Carolina’s point system assigns points to moving violations, and insurance companies use those points to determine premiums. A moving violation on your record in the year you are up for renewal can increase your rates or affect your coverage eligibility.
The passenger infraction under G.S. 20-138.7(a1) is expressly not a moving violation under G.S. 20-138.7(e). If you were a passenger and received an infraction, your driving record is not affected.
For drivers, the question is whether the moving violation consequence can be avoided through a plea to a reduced charge or an infraction. That analysis starts with the facts of the stop and what the State’s evidence actually shows. Evidence that should not have been gathered because the stop was unlawful is evidence that may not be used against you, and an attorney who reviews the dashcam footage and the officer’s report before the first hearing is in a position to make that argument.
Rideshare, Taxi, and Motor Home Exceptions
G.S. 20-138.7(a2) carves out two exceptions from the passenger offense under subsection (a1). The first is for passengers in a vehicle designed or maintained for the transportation of persons for compensation, which includes licensed taxis, Uber, and Lyft. If you were a passenger in a rideshare vehicle with an open container, the infraction does not apply to you under (a1).
The second exception is for the living quarters of a motor home, house car, or house trailer. If the container was in the living area, not the passenger cab area, the statute does not reach it.
Note on golf carts and other vehicles: North Carolina does not categorically exempt golf carts from G.S. 20-138.7. Whether the statute applies depends on whether the vehicle qualifies as a motor vehicle under North Carolina law and whether it was operated on a highway or public vehicular area. This is a factual question that requires examining the specific circumstances.
Underage Drivers and G.S. 20-138.3
A driver under the age of 21 faces a separate and distinct charge under G.S. 20-138.3 for driving after consuming alcohol or while any alcohol or controlled substance remains in the body. That statute carries no requirement of impairment; any amount of alcohol is sufficient. G.S. 20-138.3(c) classifies the offense as a Class 2 misdemeanor.
An underage driver stopped with an open container may face charges under both G.S. 20-138.7 and G.S. 20-138.3 simultaneously. The interaction of those charges, their respective consequences, and the best way to address them together is exactly the kind of analysis that requires a lawyer who handles these cases regularly.
There is also the question of what happens at school or with financial aid. A criminal conviction while enrolled at UNCG, NC A&T, Guilford College, High Point University, or Elon can trigger student conduct proceedings that run separately from the criminal case. Jason Aycoth has experience in student discipline matters and can evaluate both tracks at once.
How Jason Aycoth Defends Alcohol Ticket Cases
Every defense starts with a careful review of the facts before anything else is done. These are the lines of inquiry the firm pursues.
Was the stop lawful? A traffic stop must be supported by reasonable suspicion that a crime or traffic violation is occurring. Evidence gathered from a stop that lacks that foundation may be excluded. The dashcam footage, the officer’s report, and any bodycam video are the first things to request.
Did the driver have alcohol in the body? The driver offense under subsection (a) requires both an open container and alcohol in the driver’s body. If only one element is present, the subsection (a) misdemeanor charge cannot stand. A passenger infraction charge does not carry that requirement, but it does require the person to have been in possession of the container.
Was the container actually open under the statute? G.S. 20-138.7(f) defines an open container as one whose seal has been broken. A factory seal that was still intact at the time of the stop is a factual defense. The condition of the container at the time of the stop is a fact that must be proven by the State, not assumed.
Does an exception apply? For passengers, the rideshare exception under (a2) is worth examining carefully. The vehicle must have been designed or maintained for transportation for compensation. An Uber or Lyft vehicle whose driver has the app active at the time of the stop qualifies. The vehicle’s status at that moment is a factual issue.
Is a reduction available? Even where the State’s evidence is strong, the charged offense may be reducible. A driver charged under subsection (a) with a strong record may be in a position to negotiate a plea to the infraction under (a1), eliminating both the misdemeanor conviction and the moving violation designation. Whether that outcome is achievable depends on the facts and how the case is presented.
Are there collateral consequences to plan for? Professional licenses, financial aid, immigration status, and pending employment background checks all need to be considered as part of the overall strategy. Jason Aycoth accounts for those consequences when advising on whether to proceed to trial or pursue a negotiated resolution.
How to Choose an Alcohol Ticket Lawyer in Greensboro
North Carolina Bar Rule 7.1 prohibits self-laudatory advertising that cannot be objectively verified. The honest way to help you choose the right attorney is to give you the questions to ask any firm you speak with.
Ask how many alcohol ticket and open container cases they have handled in Guilford County in the last two years. The courthouse, the clerks, and the prosecutors are relationships that matter in day-to-day practice. General criminal experience is not the same as regular courtroom presence in Guilford County specifically.
Ask whether they will review the officer’s report and any dashcam footage before the first court date. A lawyer who prepares before appearing is positioned to make arguments that a lawyer who reads the file in the hallway cannot.
Ask what they know about the collateral consequences for your specific situation. If you have a professional license, are enrolled at a university, or have pending immigration proceedings, those facts change the stakes of the case significantly. The attorney you hire should be asking about them, not waiting for you to raise them.
Ask about the charge classification. If a lawyer cannot immediately tell you the difference between the driver misdemeanor under subsection (a) and the passenger infraction under subsection (a1), and what that means for your record and your insurance, you should keep asking questions.
Your attorney
Jason Aycoth
Criminal Defense, Felony Charges, State and Federal Court
Jason handles criminal cases in state and federal court across North Carolina. He has served as Editor of the True Bill and was Commencement Speaker at Elon Law School's graduation.
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Chad D. GarrettFounderJason AycothPartner
Sean OlsonPartner
Brandon GoldsboroughCriminal Defense
Stephanie GoldsboroughCriminal Defense
Rebecca ElliottCriminal Defense
Patrick BidwellCriminal Defense
Samantha HeplerCriminal DefenseWhat clients say
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Where we practice
Our office is two minutes from the Guilford County Courthouse.
Guilford County: Greensboro · High Point · Jamestown · Gibsonville · Summerfield · Oak Ridge · Pleasant Garden · Stokesdale · Whitsett · McLeansville · Sedalia
Also serving: Randolph, Forsyth, Alamance, Rockingham and Davidson Counties
Questions people ask
Is an open container ticket a misdemeanor in North Carolina?
It depends on who is charged and their role. A driver charged under G.S. 20-138.7(a) faces a Class 3 misdemeanor for a first offense, or Class 2 for a second or subsequent offense. A passenger charged under G.S. 20-138.7(a1) for possessing an open container faces only an infraction, which is not a misdemeanor and does not result in a criminal conviction.
What penalty does a first-offense driver open container conviction carry?
A first offense under G.S. 20-138.7(a) is a Class 3 misdemeanor. Under G.S. 15A-1340.23, with three or fewer prior convictions the authorized judgment is a fine only, capped at $200. With an attorney arguing to keep the case within the community punishment band, incarceration can often be avoided at Level I. The criminal conviction on your record is the lasting consequence, which is why how the case is handled matters.
Is an open container ticket a moving violation in North Carolina?
The driver offense under G.S. 20-138.7(a) is a moving violation under G.S. 20-16(c) and can affect your insurance and driving record. The passenger infraction under G.S. 20-138.7(a1) is expressly not a moving violation. For drivers, whether the moving violation can be avoided through a reduced charge is part of how these cases are defended.
Can a passenger in an Uber or Lyft have an open container?
Yes. G.S. 20-138.7(a2) creates an exception for passengers in vehicles designed and maintained for transportation for compensation, which includes licensed Uber and Lyft vehicles. The exception applies to passengers, not to the driver of the rideshare vehicle. Whether the vehicle qualified as a for-hire vehicle at the time of the stop is a factual issue worth examining.
Does an empty container still count as an open container?
Under G.S. 20-138.7(f), if the seal on a container has been broken, it is treated as open even if it appears empty. This is a fact the State must prove, and it is one that an attorney will examine carefully when reviewing the officer's account and any physical evidence.
Can an alcohol ticket be charged alongside a DWI?
Yes. If you are convicted of both an open container violation under G.S. 20-138.7(a) and impaired driving from the same transaction, G.S. 20-138.7(e) sets the maximum punishment at the impaired driving maximum while the minimum still applies. An attorney evaluates both charges together to pursue the strongest overall strategy.
Does G.S. 20-138.7 apply to mopeds?
Yes. G.S. 20-138.7(a3) expressly states that for purposes of this section, a motor vehicle includes a moped. If you received an open container charge while operating a moped on a North Carolina highway, the same statutory framework applies.
Can a driver under 21 face both G.S. 20-138.7 and G.S. 20-138.3 charges?
Yes. G.S. 20-138.3 makes it unlawful for a person under 21 to drive while any alcohol remains in the body, regardless of impairment. That is a Class 2 misdemeanor. A driver under 21 stopped with an open container may face both charges, and the combined consequences require an attorney who can analyze the interaction between them.
How quickly should I contact a lawyer after receiving an alcohol ticket?
As soon as possible. Dashcam and bodycam footage can be overwritten or deleted if not requested promptly. Witness recollections fade. And an attorney who reviews the facts before the first court appearance is positioned to file motions, raise defenses, and approach the prosecutor from a position of preparation rather than reaction. Waiting until the week before your court date limits what can be done.
Where are alcohol ticket cases heard in Greensboro?
Guilford County cases are heard at the Guilford County Courthouse, 201 South Eugene St, Greensboro, NC 27401. The Clerk's office can be reached at (336) 412-7300, Monday through Friday 8:30 a.m. to 5:00 p.m., closed 12:45 to 1:45 p.m. Guilford County has been live on the eCourts portal since April 29, 2024. Our office at 317 South Greene St is two blocks away.
Talk to a lawyer today
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539 · answered live, 24 hours
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This page provides general information about North Carolina alcohol ticket laws and is not legal advice. Results in any case depend on the specific facts and circumstances. Prior results do not guarantee similar outcomes. Garrett, Walker, Aycoth & Olson is licensed to practice in North Carolina.