Open Container Question

[guveneur]

I've heard that in many places it is legal to have an open container of alcohol in a car as long as it isn't the driver's. I've been curious if this is true and if it is, how likely would it be for me to get static for it if I'm pulled over? Even if it's legal, I know some officers are pretty strict on drinking and driving. This is understandable and I'm wondering if I'm likely to get a DUI or something for this.

 

[Profit5500]

If you have a open alcohol container then you are in trouble. Even if you are not drunk it is a huge no no if you run into a cop.

 

[guveneur]

That's what I figured but I've hear different states have laws about this. Apparently some places it's allowed but I wouldn't want to risk it. I don't think it would matter what the law is, most cops wouldn't put up with it. I wouldn't blame them.

 

[js85]

In Illinois I'm pretty sure there's a zero tolerance. If it's open, the driver is in trouble, no matter what. I think that's how it should be honestly. No matter where you're going or where you've been, you can wait the length of the ride to drink.

 

[bala]

If the driver passes the breath analyzer test,then there is no need to be scared.I guess it is legal.Cops here don't mind the passengers being drunk.Personally i have driven many of my drunk friends home and always it is i who undergoes all those tests.You can safely drive with an open can of alcohol.

 

[DancingLady]

Just put it in the trunk, then it's not accessible to you or anyone in the car while you are driving. I don't think there's problem with taking leftover wine home if it's in the trunk.

 

[Lin]

I've heard that in many places it is legal to have an open container of alcohol in a car as long as it isn't the driver's. I've been curious if this is true and if it is, how likely would it be for me to get static for it if I'm pulled over? Even if it's legal, I know some officers are pretty strict on drinking and driving. This is understandable and I'm wondering if I'm likely to get a DUI or something for this.

I am interesting in hearing the answer as well. I do know however that cops everywhere are different. Some are strict on the law, some are lenient and know when to just give a warning, while some are corrupt. My assumption is that it all depends on which cop you meet up on. I would suggest that you drive with that container of alcohol closed. Alcohol isn't really illegal unless misused. So...don't drink and drive.

 

[GemmaRowlands]

It really depends what happens when you get pulled over. If somebody in the back seat, for example, is drinking quietly and the driver hasn't touched it then you might get away with it. If however you have a group of people and everybody but the driver is drinking, then they might decide to do something about it because it wouldn't be safe to carry on, as they might prove to be distracting to the driver.

 

[milyjohnson]

Here in New Jersey, you are not allowed to have an open container of alcohol whether you are driving or not. You can't even be caught carrying alcohol in front of a cop. A lot of people will hide their alcohol in a brown bag so the police won't notice it. I'm pretty sure the police should know what they are hiding since they keep using the same brown bag.