Can you still get arrested?

Question

Lets say that you are under 18 and you are driving and a cop pulls you over. He sees that in the seat next to you there are empty beer bottles on the ground. He gives you a breathalizer test and you score a negative because you weren't drinking. Can you still get arrested? I would like some facts or websites that prove this.
Thanks!

I live in michigan.

Answer 1

The short answer is, yes. Although, you don't say what State this occurred in, here is the information for Illinois.

In Illinois, it is illegal to have open containers of alcohol in your vehicle, if you are under the age of 21 you will receive an automatic suspension of your license upon conviction for the offense. See Illinois Statutes (with link).......

(625 ILCS 5/11-502) (from Ch. 95 1/2, par. 11-502)
Sec. 11-502. Transportation or possession of alcoholic liquor in a motor vehicle.
(a) Except as provided in paragraph (c) and in Section 6-33 of the Liquor Control Act of 1934, no driver may transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken.
(b) Except as provided in paragraph (c) and in Section 6-33 of the Liquor Control Act of 1934, no passenger may carry, possess or have any alcoholic liquor within any passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken.
(c) This Section shall not apply to the passengers in a limousine when it is being used for purposes for which a limousine is ordinarily used, the passengers on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used or on a motor home or mini motor home as defined in Section 1‑145.01 of this Code. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of such driver's failure to obey this Section. For the purposes of this Section, a limousine is a motor vehicle of the first division with the passenger compartment enclosed by a partition or dividing window used in the for‑hire transportation of passengers and operated by an individual in possession of a valid Illinois driver's license of the appropriate classification pursuant to Section 6‑104 of this Code.
(d) The exemption applicable to chartered buses under paragraph (c) does not apply to any chartered bus being used for school purposes.
(e) Any driver who is convicted of violating subsection (a) of this Section for a second or subsequent time within one year of a similar conviction shall be subject to suspension of driving privileges as provided, in paragraph 23 of subsection (a) of Section 6-206 of this Code.
(f) Any driver, who is less than 21 years of age at the date of the offense and who is convicted of violating subsection (a) of this Section or a similar provision of a local ordinance, shall be subject to the loss of driving privileges as provided in paragraph 13 of subsection (a) of Section 6-205 of this Code and paragraph 33 of subsection (a) of Section 6-206 of this Code.
(Source: P.A. 94-1047, eff. 1-1-07.)

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+V&ActID=1815&ChapAct=625%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=49&ChapterName=VEHICLES&SectionID=59643&SeqStart=101500&SeqEnd=103100&ActName=Illinois+Vehicle+Code%2E

Hope this helps.

Answer 2

1

Answer 3

from what I read from everyones answers So any high school football team or what ever goes to jail for a bottle drive. There is a gray area here in the law. An empty can in itself is not enough to arrest someone unless the cop is just being a prick. By all rights if that was a case anyone returning bottles and cans or even just picking up litter could be arrested.

But just to be on the safe side make sure your vehicle is free of any beer bottles or cans. if caught just tell him that you saw them on the ground and hey you concerned about recycling.

Answer 4

Being negative on the breathalizer test will prove that you did not drink even when there are empty beer bottles on your car. Thus, you cannot be arrested.

Answer 5

Yes you can because technically you are a minor in possession of alcohol. The empty can would be enough for a citation or arrest. Remember it is your responsibility as a driver to look over your vehicle and to make sure it is in compliance with all laws. This includes anything in it as well.

Answer 6

If that's the case (and over 21) you can get a ticket for an open container. As far as being 18, I'm not to sure.

Answer 7

I'm going with the answer from the retired officer but want to add a note.

Make sure you always lie to the police. That way, if and when your story changes, you will not get a fair shake because you have already proved you will lie to your benefit.

That is, of course, sarcasm.

Answer 8

Will depend on the state, in some states they would do a open container ticket, next of course they have what ever they used to pull you over for.

Answer 9

I have to say that this is one time you should have cleaned your car out. There isn't a law against being a slob but a minor with empties indicates that you probably were drinking in the past.

Answer 10

It's an open container ticket. Arrested? No. If you did get arrested for this talk to a lawyer. You did pick up the bottles in a park because someone else littered and there was no garbage can near so you put them in your car Right?

Answer 11

If you are the driver and there is an open container in the car you are the one liable whether you have been drinking or not. Period