QUESTION
Is it illegal for a person to have an open container if they are the only person in the vehicle?
Asked on Apr 08th, 2013 on DUI/DWI - Michigan
More details to this question:
All of this is considering their BAC is below .08. Example: A person consumes one beer at a friend's house. He opens another beer but decides to leave. He takes the beer with him but does not drink it while driving.
9 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You're kidding right? If you are the only occupant in a vehicle that has an open container in the passenger compartment, you can be charged with an open container, unless I'm missing something.
Answered on Apr 15th, 2013 at 12:46 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes.
Answered on Apr 10th, 2013 at 12:48 AM
The open container law does not require that you be drinking to be in violation. Any container that has been open, even if it is in the back seat and has the cap on will constitute a violation.
Answered on Apr 09th, 2013 at 9:39 PM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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It is illegal to have an open container of an alcoholic beverage in your vehicle, regardless of how many occupants are in the vehicle, and regardless of whether any of the beverage has been consumed. If you have an open container of an alcoholic beverage, it needs to be in the trunk of the vehicle, not in the passenger compartment.
Answered on Apr 09th, 2013 at 11:11 AM
Yes, it would be illegal in Oklahoma to transport with an open container, irrespective of whether you were alone in the car or had company.
Answered on Apr 09th, 2013 at 12:51 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It is illegal to have an open container in the car. It does not matter whether you are drinking it or not.
Answered on Apr 09th, 2013 at 12:50 AM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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If it is a passenger vehicle, the answer is no. 257.624a Transportation or possession of alcoholic liquor in container open or uncapped or upon which seal broken; violation as misdemeanor; exception; definitions. Sec. 624a. (1) Except as provided in subsection (2), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.
Answered on Apr 09th, 2013 at 12:45 AM
Yes it is illegal, and this person has a lot more to worry about than the open container. Hint: DUI.
Answered on Apr 09th, 2013 at 12:15 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan it is illegal to have open intoxicants in the car, regardless of your blood alcohol level.
Answered on Apr 09th, 2013 at 12:09 AM