| Most states in the U.S. have open container laws that | | | | 0.08. In the other states listed above, passengers are |
| prohibit motorists from keeping opened containers of | | | | allowed to drink in a moving vehicle, but not the driver. |
| alcohol in the passenger area of a vehicle. Any | | | | Universal Exceptions |
| opened alcoholic beverage or unsealed bottle is | | | | In addition to the differences between states, there are |
| considered an open container and must be kept out of | | | | some universal exceptions to laws against open |
| reach of the driver. Typically, for a motorist to be in | | | | alcohol containers in a vehicle. Passengers of mass |
| compliance with the law, the alcohol must be locked in | | | | transit vehicles or vehicles that specialize in the |
| the glove compartment, trunk, or other locked area | | | | commercial transportation of people, such as taxis, |
| that makes the alcohol inaccessible to the driver. If you | | | | buses, and limousines, are not restricted by open |
| are pulled over and found to be in violation of these | | | | container laws. Passengers of these vehicles may |
| laws, the driver and possibly the passenger can be | | | | carry and transport open containers of alcohol. Also, |
| ticketed or arrested, depending on the specifics of the | | | | occupants of motor homes may have open |
| law in your state. | | | | containers of alcohol in the living areas of the motor |
| Federal Pressure Against Open Containers | | | | home. |
| The prohibition of opened containers of alcohol in a | | | | Local police occasionally get open container laws |
| vehicle is not a federal law. These laws are left up to | | | | confused and may try to ticket or arrest a passenger |
| the states, although the federal government has | | | | of a bus, taxi, or limo for having an open container. If |
| devised laws to put pressures on states to create | | | | this has happened to you, you have been wrongly |
| open container laws. The federal government provides | | | | ticketed or arrested and should consider contesting the |
| funding to states for highway construction, and if | | | | charge. If you decide to not contest it, you risk having |
| states fail to follow the federal government's | | | | to pay a costly fine and also possibly having a |
| suggestion to create these laws, some of their funding | | | | misdemeanor added to your criminal record. Consider |
| is diverted to a highway safety program instead. | | | | contacting a DUI defense lawyer immediately to help |
| This pressure has been effective in getting most | | | | you properly contest the charge. |
| states to create and enforce open container laws, | | | | For More Information |
| though some states, such as Mississippi, Arkansas, | | | | To learn more about open container laws and |
| Missouri, Virginia, West Virginia, Delaware, and | | | | exceptions to the law in your state, please visit the |
| Connecticut do not have open container laws. In fact, in | | | | website of experienced Rhode Island DUI defense |
| Mississippi, it is actually legal to drink while driving, as | | | | attorney James Powderly today. |
| long as the driver stays under the legal BAC limit of | | | | |