Open Container Laws In The US Restrict The Ability Of Passengers To Drink Alcohol In A Car

Open container laws in the United States are quite different from one state to another. Generally, though, they limit the drinking of alcohol inside a moving vehicle. Federal law bans open containers for drivers and passengers in some areas. Again, though, every state has its own set of regulations, which confuses tourists.

In nearly all states, it is unlawful for any drivers or for passengers to have an open alcohol container inside of their vehicle. In some circumstances, though, passengers may be permitted to drink when the vehicle in question is a large RV or some charter bus. It's also worth noting that in some states, alcohol isn't restricted except for drivers because of where they sit, which means backseats may be less restricted.

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Federal Law Impacts The Ability Of Passengers To Drink Alcohol In A Car In The US

State-level open container laws are significantly affected by federal law. Although federal law does not prohibit passengers from drinking in cars per se, federal law does impose some general requirements that govern the requirements of the states. Open containers are prohibited in the passenger area, but the states are able to, in their sole discretion, enact stricter or more lenient requirements.

States may impose certain limits on passengers as well, even though federal law often targets drivers more. Additionally, because federal regulations guarantee that alcohol is out of the driver's reach, passengers who may otherwise believe they are immune from the rules may face harsher municipal regulations.

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Certain States Have Stricter Open Container Laws That Prevent Passengers From Drinking Alcohol In Cars

Some states are much stricter, where even passengers are not allowed to drink in the car while the driver is driving. It is an attempt to deter the act of drinking and driving, while also avoiding distractions to the driver. The states that do this are Texas, Florida, and California.

In some states, even small offenses can result in an arrest or a punishment for the driver. This is because chances of distracted driving rise when passengers are drinking. Whether it's driving through a state with tough open container legislation or simply traveling through one that's more lenient, you should know exactly what the regulations are before you drink in the car.

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Drinking In A Car As A Passenger Can Lead To Legal Penalties In The US

If you're a passenger and have consumed alcohol in a state in which it's prohibited, you can receive a range of penalties. Breaking an open container law can have a range of consequences, and it will vary in your state. While a fine alone will serve as the adequate punishment in one state, more severe punishment awaits in another. Even if it is not a motor vehicle with which the passenger is operating, the law finds them guilty anyway for having an open alcoholic beverage in the automobile.

The fines for having a drink in a car range between $100 and $500, with legislation altering in terms of location. There are less severe laws in a few of the states, but stricter ones in others, and in areas with stricter controls over having a drink, even stricter punishments apply.

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