Passengers drinking?

Question

Hi, is it legal for passengers to drink alcohol as long as the driver is sober?

Answer 1

Open container laws prohibit possessing and/or drinking from an open container of alcohol in certain areas. While there is no Federal law prohibiting open containers in a motor vehicle, there are incentives for states to comply with Federal program requirements, such as transportation budget cuts for those states not in compliance.[1]


[edit] Federal program requirements
To comply with Federal program requirements, a state's motor vehicle open container laws must:

Prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage
Cover the passenger area of any motor vehicle, including unlocked glove compartments and any other areas of the vehicle that are readily accessible to the driver or passengers while in their seats;
Apply to all open alcoholic beverage containers and all alcoholic beverages, including beer, wine, and spirits that contain one-half of one percent or more of alcohol by volume (including 3.2 percent beer)
Apply to all vehicle occupants except for passengers of vehicles designed, maintained or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines) or the living quarters of motor homes
Apply to all vehicles on a public highway or the right-of-way (i.e. on the shoulder) of a public highway
Require primary enforcement of the law, rather than requiring probable cause that another violation had been committed before allowing enforcement of the open container law.
Currently, 36 states and the District of Columbia are in compliance.[2]

Answer 2

Assuming we are talking about the US here, it depends on what state you are in. Most (if not all) states have "open bottle" laws which prohibit the carrying of open alcohol containers in public places. Events and stadiums carry variances or exceptions to these laws which allow them to sell alcohol for consumption on their premises.
In Minn a court ruled the driver is responsible for violation of open bottle law even if they are unaware of open containers. The view of the court was that "absolute liability" on a driver/owner to "inspect and determine * * * whether there are any containers" in the motor vehicle in violation of the open bottle law...
Attached links show a couple scenarios in some different states... check your state for open bottle laws...

I'm on the east coast and know for certain open bottles are not allowed in NH, MA, NY, CT, RI, OH and PA. Attached articles also show ND and MN.

So, don't drink and drive, don't drink while being driven, and don't drive those who are drinking and you should be okay... lol

Hope I was not too long winded..

Answer 3

The seat replace will constantly bring about a loop, as an occasion inebriated guy or woman takes seat of A, A takes seat of B, B takes seat of C, C takes seat of inebriated guy or woman. With greater human beings in the loop, it gets longer and the shortest achieveable loop is while the inebriated guy or woman takes his very own seat (we are going to easily evaluate this a loop with one guy or woman to make the counting much less perplexing). There can't be 2 or greater loop as there is in basic terms one inebriated guy or woman. we would desire to calculate the threat the place the 128th guy or woman isn't in contact in the loop. i think of that's much less perplexing to calculate the threat of him in contact in the loop and then substracting it from a million. i think of the respond would desire to be below 50% as there are a number of passenger and in basic terms a single loop. i think of that's secure to assert that each and every person the opportunities has comparable threat as all of them characterize a single seating threat To count quantity the full achieveable loops, we would desire to choose on how a lot of human beings and who're in the loop and their order after the inebriated guy or woman (we evaluate the inebriated guy or woman the 1st guy or woman in the order to sidestep double counting). So the quantity of techniques is the sum of 127C0 X 0! = a million 127C1 X a million! = 127 127C2 X 2! = 127 X 126 127C3 X 3! = 127 X 126 X a hundred twenty five ..... 127C126 X 126! = 127! 127C127 X 127! = 127! on an identical time as the quantity of techniques the loop includes the 128th guy or woman is (we in basic terms would desire to choose on whether the different 126 guy or woman is in the loop yet nevertheless count quantity the order related to the 128th guy or woman) the sum of 126C0 X a million! = a million 126C1 X 2! = 126 X 2 126C2 X 3! = 126X125 X 3 .... 126C125X126! = 126!126 126C126X127! = 127! If we faux to not see the a million on the precise of the 1st sum, we can divide the decrease sum with the 1st sum as a million+2+3+.....+127/127X127 = 64X127 / 127X127 is slightly greater suitable than 50%. including the a million we missed won't replace lots because it would not even quantity to a million/127! Of the sum of something of the divider occasion. we can get the threat of 128th guy or woman being in the 128th seat by substracting the above threat with the threat above. All i will compute is that that's form of below 50% and slightly larger than a million-sixty 4/127

Answer 4

It is not legal because of the open container law in most if not all states. It does not matter how sober your driver is.

Answer 5

No! It violates the open container law. The driver will be ok, but the passenger(s) drinking will be held accountable.

Answer 6

I'm not positive, as i have been in vehicles going to and from Penn State football games and the passengers, and myself(I'm never the driver), were always drinking brews and such. But, it is always safer to have a designatged driver who doesn't drink alot while at the tailgate/game.

Answer 7

Depends on the Jurisdiction...In Indiana there is no state law that even prohibits the driver from drinking....its all local ordinances.

Answer 8

No, there is something called a open container law. Although, you can drink in car if a prosfessional driver (who is sober) is hired to drive you around (taxi/limo).

Answer 9

Not in the vehicle as it is still an open container.