§31-5-235: No person shall consume, transport or possess alcoholic beverages in a motor vehicle while the motor vehicle is travelling on a public highway or highway We will examine how open container laws work, what penalties they entail, and how to defend against “open container” charges. No. In Texas, open containers are prohibited in all seating areas of a vehicle, including the driver`s side, passenger side, or rear seat. It is illegal to knowingly possess an open container of alcohol in a vehicle on a highway. It does not matter if the vehicle is stopped or parked. Ann. 29-A, §2112-A 1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. One. `alcohol` means spirit drinks, wine, fermented beverages or other alcoholic beverages or combinations of spirit drinks and mixtures of alcohol intended for human consumption and containing more than 0,5 % alcohol by volume. B.

“Open container for alcoholic beverages” means a bottle, can or other container containing any quantity of alcohol, is opened or has a broken seal or the contents of which are partially removed. (C) `passenger space` means the area in which the operator and passengers are seated during the operation of a motor vehicle and any area readily accessible to the operator or a passenger, including the glove compartment, when seated; D. “public highway” means a road, including a right of way, owned and maintained by the State, county or municipality and over which the public has a right. 2. Infringement. The driver of a vehicle travelling on a highway contravenes this section if the driver or a passenger in the passenger compartment of the vehicle, A. consumes alcohol; or B. has an open container for alcoholic beverages. 3. Exceptions.

The driver of a vehicle does not contravene this section if: A. The driver or a passenger has an open container for alcoholic beverages in a vehicle that is not equipped with a baggage compartment if the open container for alcoholic beverages is located behind the last right seat of the vehicle or in an area not normally occupied by the driver or passenger; B. A passenger transported for remuneration consumes alcohol or has an open container for alcoholic beverages in a vehicle designed for the rented transportation of passengers other than a taxi; C. A passenger possesses an open container for alcoholic beverages or a passenger consumes alcohol in the living quarters of a motorhome, trailer, semi-trailer or motorhome truck; or D. The operator`s operator or its employer holds a valid off-site catering license issued pursuant to 28-A, § 1052, and the alcohol is transported to or from an event. Not only will you be held legally liable, but your employer may also be held liable for allowing you to drive in violation of the law. You may face a licence suspension as well as job loss. If you are under 21, a container of alcohol is much more serious. A minor with alcohol in the vehicle faces a criminal complaint for a misdemeanor. If convicted, you could face the following: § 32-5A-330: It is illegal for a person to possess alcoholic beverages in an open container in the passenger compartment of a motor vehicle of any kind on a highway or right of way of a highway of this state.

Drunk driving is an offence that can lead to disentanglement with the law, but what about an open container in your vehicle? Most states, including Pennsylvania, have open container laws that prohibit drivers and their passengers from drinking or possessing an open container of alcohol in a vehicle. Open containers must be stored in the trunk or in a locked glove compartment. So what should you do if your vehicle doesn`t have a trunk? You can place the bottle behind the last right seat of the vehicle. If your open container is not in one of these zones, you may be cited for an open container. The city of New Orleans allows the possession and consumption of alcohol in open plastic containers in areas like the French Quarter through a municipal ordinance. It is illegal to drive your vehicle with an open container in your vehicle, even if you are not drinking. However, you can legally carry a sealed container of alcohol into the passenger compartment of your vehicle. §23220ff: (a) No driver may drink alcoholic beverages in a motor vehicle on a highway. (b) No passenger may drink alcoholic beverages while in a motor vehicle on a highway. Section 321.284: The driver of a motor vehicle travelling on a public highway or highway shall not have in his possession in the passenger compartment of the motor vehicle a bottle, can, glass or other container containing an alcoholic beverage, open or unsealed. 2.

No person shall drink an alcoholic beverage while driving a motor vehicle or as a passenger in a motor vehicle, whether the vehicle is moving, stationary or parked on a highway or body of water owned by the Crown. (3) No person shall possess, carry, possess, transport or permit another person to keep, carry, possess or transport a means of containment in the passenger compartment of a motor vehicle if the vehicle is on a highway or in state waters, if the means of containment has been opened, if its seal has been broken or if the contents of the container have been partially consumed. Yes, Texas law does not require your vehicle to be in motion to be cited for an open container violation. As long as you`re on a public road, road, highway, highway, or other state-maintained road, you may be charged if you have open drinks in a vehicle. This could apply, for example, to tailgating on a public road. Note: State laws can always change, usually through the enactment of new laws, but also through court rulings and other means. Contact an attorney or do your own legal research to review the state laws you`re looking for. Okla. Stat. tit.

21, §1220 A. Except as provided in subdivision C of this section, it is unlawful for an operator to knowingly transport or possess in a moving vehicle on a highway, road or driveway intoxicating liquor or beer within the meaning of sections 163.1 and 163.2 of title 37 of the laws of Oklahoma, except in the original receptacle, which must not have been opened and from which the original cap or seal has not been removed: unless the open container is located in the rear luggage compartment or rear compartment, which includes the spare tyre compartment of a station wagon or panel van, or in an outdoor area inaccessible to the driver or any other person in the vehicle while driving. Any person who violates the provisions of this section shall be convicted of a misdemeanor and punished if convicted under Section 566 A of title 37 of the Laws of Oklahoma. B. A person convicted of violating any provision of Subdivision A of this Section shall, in addition to any fine imposed, pay a special trauma care fee of $100 to the Trauma Care Assistance Revolving Fund established in 63 Oklahoma Statute § 1-2522. C. The provisions of Subdivision A of this Division do not apply to the passenger area of buses and limousines; However, it is illegal for the bus or limousine driver to consume intoxicating liquor or beer or have them in his or her direct possession.