California Codes

Cal. Vehicle Code § 23225 (2026)

✓ current as of May 2026

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(a)(1)It is unlawful for the registered owner of any motor vehicle to keep in a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, unless the container is kept in the trunk of the vehicle.

(2)If the vehicle is not equipped with a trunk and is not an off-highway motor vehicle subject to identification, as defined in Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. For the purposes of this paragraph, a utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.

(3)If the vehicle is not equipped with a trunk and is an off-highway motor vehicle subject to identification, as defined in subdivision (a) of Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in a locked container. As used in this paragraph, “locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.

(b)Subdivision (a) is also applicable to a driver of a motor vehicle if the registered owner is not present in the vehicle.

(c)This section shall not apply to the living quarters of a housecar or camper.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1990–2023 · leading case: People v. McCloskey, 91 Cal. Daily Op. Serv. 622 (Cal. App. Dep’t Super. Ct. 1990).

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People v. McCloskey, 91 Cal. Daily Op. Serv. 622 (Cal. App. Dep’t Super. Ct. 1990). · cites it 2× “lies to drinking while driving a motor vehicle upon a highway; Vehicle Code section 23221, drinking in a motor vehicle upon a highway; Vehicle Code section 23222, possession on the person of an open container containing an alcoholic beverage or marijuana while driving a motor…”

Nakia Durham v. Commonwealth of Virginia (Va. Ct. App. 2023). “§ 5-71-218 ; Cal. Veh. Code § 23225 ; Cal. Veh. Code § 23222 ; Cal.”

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