Every one with a driver’s license in the United States should know that drivers are not permitted to drive while under the influence of alcohol or other impairing drugs. The question that could arise is whether a passenger can drink alcohol in a car? The typical answer is generally no, but this does depend on specific state and local laws.
Most states have laws prohibiting the presence of open cans, bottles, or other unsealed containers of alcoholic beverages on sidewalks, streets, and inside vehicles. So by default, a passenger drinking an alcoholic beverage also is in possession of an open container. Some states allow unsealed containers of alcohol in secure locations only, such as a locked glove compartment or trunk.
A total of 43 states have open container laws in place, 40 of which conform to federal standards outlined in the Transportation Equity Act for the 21st Century (TEA-21), which mandates open container laws and other traffic safety measures.
Drivers may be cited for an open container violation if they have the container on their person or within reach. But even if only the passenger is in possession of an open container, both the driver and the offending passenger may be cited for a violation. In any case, the blood alcohol concentration (BAC) of an offending passenger is irrelevant.
Seven states currently do not have open container laws, including Missouri, Arkansas, Mississippi, West Virginia, Virginia, Delaware, and Connecticut, even if local ordinances in some of those states do in fact prohibit open containers of alcohol. Three states have open container laws (Alaska, Louisiana, and Tennessee) that do not fully comply with federal TEA-21 standards.
But can a passenger drink alcohol in an automobile in the absence of laws banning open containers? The short answer is yes. As long as there are no local ordinances banning open containers in vehicles, passengers in states without such laws can in fact drink alcohol in a moving vehicle. Mississippi is the most permissive, even allowing drivers to drink as long as they remain under the legal BAC limit.
Some municipalities have carved out exceptions to open container laws in an effort to boost tourism, such as the French Quarter in New Orleans, but the majority of such ordinances do not allow open containers in vehicles (typically limited to streets and sidewalks). The French Quarter, infamous for its drive-through frozen cocktail vendors, allows both drivers and passengers to have open containers of alcohol in vehicles, as long as the driver is not drinking.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.
