Ask Officer Michelle – Question #542
Posted by nichole12090
is it legal to carry a flask filled with alcohol in a purse?
Dear nichole12090,
If you carry a flask filled with alcohol, you must use common sense. There is no clear answer to this question. It all depends on the totality of circumstances and your intent. For example, if you are driving in a car, you can’t have the flask in the driver’s compartment with you because it is considered an open container. If your purse is in an area of the vehicle where it would be difficult for you to retrieve, it proves that you didn’t have the intent to drink it. If you had an odor of alcohol on your breath while driving, it gives the officer probable cause to investigate further.
You can’t drink out of it on the street because it is considered an open container. There are a few California Vehicle Code sections you should read as well. Look at CVC 23221, 23222, 23223, 23225, 23225 all cover open containers.
Some city parks have signs that read, “No Alcohol.” If these signs are posted, it would be a misdemeanor for you to possess alcohol whether the container is open or closed. If the flask is inside your purse, unless you walked up to an officer to tell him/her that the flask exists in your purse, you would be the only person with knowledge that it was there.
I hope I have been able to answer your question.
Officer Michelle
