Open Container Laws for Tailgating
College football season is officially underway, and with it comes packed stadiums, tailgates, and game-day traditions across Florida and beyond. Before you head out for kickoff, it’s worth knowing that open container laws at your tailgate can vary significantly depending on where you’re watching from. A fun Saturday can turn into a legal headache fast if you’re not paying attention.
Open Container Laws Aren’t the Same Everywhere
Many people assume that if drinking is allowed at a tailgate, it’s fine to walk around with a beer in hand on the way to the stadium or back to the car. That’s not always true. Cities and counties set their own open container ordinances. University towns often have designated zones, or specific time windows, where cities allow open containers. Everywhere else, they’re not.
The rules at one campus can look completely different from the rules a few miles away. They can even differ from one side of the stadium parking lot to the other. Walking off school property, crossing into a different jurisdiction, or simply losing track of time before a designated “dry” period kicks in can turn an innocent walk to your car into a citation, or an arrest.
Before you tailgate at a game this season, take a few minutes to look up the specific open container laws for that city. It’s a small step that can save you a lot of trouble.
Before you tailgate at a game this season, take a few minutes to look up the specific open container ordinance for that city. It’s a small step that can save you a lot of trouble.
Underage Drinking Carries Real Consequences
Game day energy has a way of making bad decisions feel like harmless fun, but campus police and local law enforcement take underage drinking charges seriously, both by campus police and by local law enforcement working game-day patrols. These charges can affect more than just your weekend. They can show up on a background check, affect scholarships or student conduct proceedings, and follow you well past the final whistle.
Law enforcement typically maintains a heavy presence on and around game day, and officers are actively watching for open containers, underage possession, and public intoxication. It’s not worth the risk.
If You’re Arrested, Don’t Try to Handle It Alone
If you or someone you know is arrested at or after a game, the first call should be to an attorney. This applies whether it’s for an open container violation, underage drinking, or anything else, the first call should be to an attorney. Don’t try to talk your way out of it or handle it on your own. What you say and do in the hours after an arrest can have a real impact on the outcome of your case.
At the Law Office of Michael P. Maddux, P.A., we represent clients throughout Florida in criminal defense matters, including alcohol-related charges tied to college football weekends. If you find yourself facing a charge this season, contact our office before you speak with law enforcement further.
Enjoy the games, just know the rules before you go.
Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years