Drinking Na Beer While Driving: Is It Legal?

Drinking and driving is a serious offense, and it is illegal in every state. But what about drinking as a passenger? Most states have laws prohibiting passengers from drinking alcohol in a vehicle, but there are exceptions. For instance, in some states, passengers are allowed to drink in hired vehicles such as limousines and taxis, and in some states, passengers are allowed to drink on private property. However, even in states with more relaxed laws, passengers under 21 are typically restricted from drinking in a vehicle.

Open container laws

An open container is any unsealed container carrying an alcoholic beverage. This includes broken seals, missing caps, or partially consumed beverages.

Where do open container laws apply?

These laws apply to the entire passenger area of a motor vehicle, including unlocked glove compartments and other areas accessible to the driver or passengers. They cover all types of containers and all alcoholic beverages, including beer, wine, and spirits.

Penalties for open container violations vary by state but can include fines, jail time, license demerit points, and community service.

Where drinking in the passenger seat is legal

Drinking in a vehicle, even if you are not driving, is illegal in most states. However, there are some exceptions to this rule.

In nearly every state, you cannot have any open container of alcohol in the passenger area of the car. However, there are some states that allow passengers to drink alcohol in a car, as long as the car is parked or operating on private property. These states include:

• Connecticut
• Delaware
• Missouri
• Tennessee
• Virginia
• Alaska (behind a solid partition separating the driver from the passengers)
• Rhode Island (only if the car is not being operated on a public highway)

In addition, passengers are generally allowed to drink alcohol in hired vehicles such as taxis and limousines, and in the living areas of motorhomes, campers, and recreational vehicles.

The penalty for drinking as a passenger

Open Container Charge

Most states have laws prohibiting the presence of alcoholic beverages in open cans, bottles, or other containers with broken seals on sidewalks, streets, and inside vehicles. An open container is any container with a broken seal, a missing cap, or some contents removed. If you are underage, you may not have any alcohol in the vehicle, even if the container has never been opened.

Public Intoxication

Public intoxication laws vary by state but generally prohibit individuals from being drunk or intoxicated in public places, including streets, sidewalks, and parks. These laws are in place to maintain public order and safety.

Traffic Violations

As a passenger, you may be cited for traffic violations such as not wearing a seatbelt or violating other vehicle safety regulations.

State-Specific Penalties

The penalties for drinking as a passenger can vary widely by state. For example, in California, drinking in a vehicle is a traffic infraction with a maximum fine of $250. On the other hand, in Washington State, it is a civil offense with a fine and court costs. In some states, you may even face jail time or lose your driving privileges.

DUI investigation because of a passenger drinking

If you are a passenger drinking in a car, you will not typically get charged with a DUI, even if you are drinking alcohol when an officer approaches the vehicle. However, there are two scenarios in which an officer may arrest a passenger for a DUI:

• The officer has reason to believe that the driver and passenger swapped seats.
• There is reason to believe that the passenger took control of the car (e.g. grabbed the wheel).

These scenarios may arise if there is dashcam footage, an eyewitness report, or if the officer is unsure of who was driving following an accident. Generally, these charges come from a DUI investigation into the driver.

An officer may not arrest a driver for DUI simply because a passenger was drinking in the car. However, the officer may point to drinking in the vehicle as a potential sign of DUI, particularly if:

• There was an accident
• The driver smells of alcohol
• The driver is slurring their speech
• The officer witnessed unsafe driving behaviour (e.g. swerving or speeding)

These facts taken together may prompt the officer to request a field sobriety test. As the driver, you may politely decline to take the test.

DUI Investigation Techniques

If an officer suspects you of driving under the influence, there are several investigative techniques that they will likely use. These include:

• Asking you a series of questions (e.g. "Where are you coming from?", "Have you been drinking?", "Why do I smell alcohol on your breath?"?)
• Conducting field sobriety tests (e.g. walking a straight line, lifting a leg and counting, saying the alphabet)
• Conducting a preliminary breath test on the side of the road
• Searching your vehicle for additional information or evidence (e.g. alcohol in the vehicle)
• Conducting a breath test at the police station

Consequences for Passengers

If you are a passenger in a DUI arrest, you may face a number of consequences. You will generally be questioned at the scene, and a law enforcement officer may work to determine if you are intoxicated or sober. They may measure your sobriety in the field, but in most cases, you will not be charged with a DUI even if your blood alcohol content (BAC) is above the legal limit.

In the aftermath of a DUI arrest, you may be called to testify in court against the driver since you were in a position to see their state of intoxication first-hand. If your BAC is elevated, you may face more complicated repercussions. For example, in California, you could be charged with a DUI if you physically operated a motor vehicle and were under the influence of drugs or alcohol.

You might also face other criminal charges not associated with operating a vehicle under the influence, such as drinking under the age of 21, carrying an open alcoholic beverage in a vehicle, or reckless endangerment charges.

Common open container exceptions

Open container laws prohibit the presence of any unsealed container carrying an alcoholic beverage in a vehicle. However, there are some exceptions to these laws that vary across different states. Here are some common open container exceptions:

Private Property

Generally, drinking as a passenger on private property is allowed. This means that you can have a beer when on a private road or land.

Hired Vehicles

Passengers in hired vehicles, such as limousines, taxis, or ride-sharing services, are often exempt from open container laws. However, it's important to note that this exemption does not apply to rideshare services like Uber or Lyft, as their drivers do not possess commercial driver's licenses.

Motorhomes and Recreational Vehicles (RVs)

Motorhomes, campers, and RVs are exempt from open container laws when used as temporary living spaces. These vehicles must be parked and not in motion for the exemption to apply.

Specialty Vehicles

Specialty vehicles designed to transport more than ten people, such as party buses, are typically allowed to carry and consume alcohol. However, the driver of these vehicles cannot drink or drive while intoxicated.

Sealed Containers

Sealed containers, including resealed bottles of wine, are not subject to open container laws. These can be kept in the trunk or the back seat of a vehicle without violating the law.

Local Ordinances

Some local ordinances may allow open containers under controlled conditions, such as on beaches or in parks. For example, the French Quarter in New Orleans has an exception to boost tourism, allowing open containers in vehicles as long as the driver is not drinking.

It's important to note that these exceptions come with strict conditions. All occupants of the vehicle must comply with applicable traffic laws, and the driver must remain alcohol-free to ensure safety. Violating these conditions can result in severe penalties, including fines and DUI charges.

Frequently asked questions