Despite these softer drinking rules, all 50 states and DC prohibit drivers from a 0.8% blood alcohol level. Drunk driving in any state can affect your ability to drive in California. For example, if you and your passenger are seated in the front seats and there is an open container far back in the rearmost corner of the rear seat, it is still in the “passenger area”. However, if your car doesn`t have a trunk, you may be able to avoid being quoted. §484B.150: It is illegal for a person to drink an alcoholic beverage while driving or controlling a motor vehicle on a highway. It is illegal for a person to have an open container containing an alcoholic beverage in the passenger compartment of a motor vehicle while the vehicle is on a highway. Created by FindLaw`s team of writers and legal writers| Last updated October 25, 2018 §4301.62: No person shall possess an open container of beer or intoxicating liquor while driving in or on a motor vehicle on a highway, highway or other public or private property that is accessible to the public for the purpose of driving or parking a vehicle. D.C. Code Ann.
§25-1001 It is forbidden to drink alcoholic beverages in public places; Prohibited intoxication § 53a-213: A person is guilty of drinking while driving a motor vehicle if he drinks alcohol while driving a motor vehicle on a highway (2) A person shall not drink an alcoholic beverage while driving a motor vehicle or as a passenger in a motor vehicle, whether the vehicle is moving, stopping or parked on a highway or in state waters. (3) No person shall store, transport, possess, transport or permit another person to hold, carry, possess or transport 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 opens, if its seal has been broken or if the contents of the container have been partially consumed in tex. §49.031 (a) In this section: (1) “Open container” means a bottle, can or other container containing any quantity of alcoholic beverages that is opened, opened, has a broken seal or the contents of which are partially removed. 2. `passenger compartment of a motor vehicle` means the area of a motor vehicle designed for the driver`s and passengers` seating positions; The term does not include: (A) a glove box or similar storage container that is sealed; (b) the trunk of a vehicle; or (C) the area behind the last right seat of the vehicle if the vehicle does not have a trunk. (3) “highway” means the entire width between and immediately adjacent to the boundaries of a road, road, highway, highway or other maintained public pathway, where any part is open for use by the public for motor vehicle purposes; The term covers the right-of-way of a public road. (b) a person commits a criminal offence if he knowingly possesses an open container in the passenger compartment of a motor vehicle situated on a public highway, whether the vehicle is used, stopped or parked. Possession of one or more open containers by a person during a single criminal episode is a single offence.
(c) An exception to the application of paragraph (b) is the fact that, at the time of the offence, the accused was a passenger in: (1) the passenger compartment of a motor vehicle designed, maintained or used primarily for the transportation of persons for remuneration, including a bus, taxi or limousine; (2) the dwelling of a motor home car or motorized residential trailer, including an RV, RV or autonomous recreational vehicle. (d) An offence under this section is a Class C offence. (e) A peace commissioner who charges a person with an offence under this section shall, instead of bringing the person before a judge, deliver a written summons and a communication indicating the date and place at which the person is to appear before a judge, the name and address of the accused and the offence charged. If the person promises in writing to appear before the judge by signing the summons and the notice of appearance of the official in duplicate, the official must release the person. Pennsylvania has a zero-tolerance policy for school bus drivers who violate open container laws. If you are found to be violating these laws, you will immediately lose your job along with other penalties such as fines, license suspension, and possible jail time. Forty-two states, Guam and the District of Columbia have laws that allow customers to remove partially consumed bottles of wine from restaurants through state laws. Delaware law applies to alcoholic beverages other than beer.
Hawaiian law applies to wine, spirits or beer. Guam and Kansas laws apply to alcoholic spirits, while Vermont law applies to wine or specialty beer. Washington law applies to wine and sake. Arkansas and Virginia have provisions in the administrative code. 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.