Vehicle Code 23222 covers driving with an open container of alcohol (subdivision a) or open cannabis (subdivision b) in the vehicle.
Both are infractions — a fine, no jail, and no criminal record — but they often accompany a DUI stop.
What VC 23222 Says
VC 23222(a) prohibits possessing an open container of an alcoholic beverage while driving on a highway. VC 23222(b) prohibits possessing an open cannabis container or loose cannabis while driving, punishable as an infraction with a fine of up to $100.
It's an Infraction
An infraction means a fine only — no jail, no jury trial, and no criminal record. On its own, VC 23222 is one of the least serious things on a citation. See how infractions differ from misdemeanors.
The DUI Context
The reason to take it seriously is what it often travels with. An open-container citation frequently accompanies a DUI (VC 23152) investigation, where the real exposure lies. If you were cited for VC 23222 as part of a DUI stop, the priority is the 10-day DMV deadline and the criminal case — not the infraction.
Frequently Asked Questions
Is an open container in a car a misdemeanor in California?
No. Under VC 23222, having an open container of alcohol — or open cannabis — while driving is an infraction, punishable by a fine only, with no jail and no criminal record.
What is the penalty for open cannabis while driving?
Under VC 23222(b), possessing an open cannabis container or loose cannabis while driving is an infraction punishable by a fine of up to $100.
Why does an open-container ticket matter if it's just an infraction?
Because it often accompanies a DUI investigation, where the real exposure is. If you were cited for VC 23222 during a DUI stop, the priority is the 10-day DMV deadline and the criminal DUI case — not the infraction itself.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com