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Driving while intoxicated and having an open container of alcohol in your car do not fall under the same offense. The police can charge you for having an open container, even if you are not drunk. 
But can an open container lead to a DUI charge? The answer depends on specific circumstances. Here’s what you need to know. 
Maryland’s open container laws 
According to Maryland law, it is illegal to have an open container of alcohol in the passenger area of a vehicle on a highway. The “passenger area” includes the driver’s seat and all passenger seats.  
If you want to transport an open container, you must store it in your trunk or behind the last upright seat of your car if you do not have a trunk. 
Note that an “open container” refers to any container with the seal broken, even if the contents are still intact.  
An open container can give police enough probable cause 
If the police spot you driving with an open container in your car, they may have enough probable cause to assume you are driving while drunk. Even if you are completely sober, an open container can put you at risk of a DUI or DWI charge. 
The same may apply if law enforcement stops you for a suspected DUI. If they see an open container say, in your cup holder, it may give them enough justification to request field sobriety tests. 
So, yes, an open container can lead to a DUI charge if you are legitimately intoxicated. But even if the police do not charge you with DUI, you could still face a misdemeanor charge for the open container.  
An open container may be an aggravating factor 
An “aggravating factor” is a circumstance or element that makes a criminal offense more serious. That said, it can also increase the severity of the punishment. 
In DUIs, an open container can be an aggravating factor because it may suggest drinking while driving. It may also indicate a deliberate choice to be negligent, as drinking while intoxicated puts others at risk. 
Penalties may be harsher as a result. These can include higher fines, longer license suspension periods or increased chances of jail time. 
There are many ways to defend yourself 
While the situation may be hopeless, you may have a lot of potential defenses to consider. Perhaps you were not actually drinking while driving, or maybe the police’s sobriety tests were faulty. 
Whatever the case may be, consider working with a criminal defense attorney who can guide you through the process. They can help analyze your case, develop a strong defense and protect your rights along the way.