# Open container laws



## Sacto Burbs (Dec 28, 2014)

Californians give away their rights like candy regardless of if they make any sense or no


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## Sacto Burbs (Dec 28, 2014)

"Until fairly recently (10-15 years ago), in Texas it was legal for a passenger to have an open container of alcohol, or even to be blind drunk as long as they behaved themselves. Not many years before that, it was legal for the driver to have an open container so long as they weren't legally intoxicated.

In the case of Texas, intense lobbying by MADD, not to mention a number of highly publicized DUI's involving death, got the beer out of the driver's hand. Not long after that, the passenger had to give them up as well on the argument that it made the first law too easy to circumvent a la "Oh shit, the cops. Here honey, hold my beer."

http://boards.straightdope.com/sdmb/archive/index.php/t-442670.html


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## duggles (Aug 25, 2014)

So can Texas passengers no longer have open containers in a vehicle? My knowledge of Texas, as little as a year ago you could still go through drive-thru margarita places. Not the case anymore?


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## Sacto Burbs (Dec 28, 2014)

(b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.

(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in:

(1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm


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## Sacto Burbs (Dec 28, 2014)

*California's Open Container Laws 
(Vehicle Code Sections 23221 - 23229 VC)*
Vehicle Code sections 23221-23229 VC are collectively referred to as California's "open container" laws. Simply put, these laws prohibit driving with an alcoholic beverage in the car that has been opened...even if not consumed.1

This offense is typically an infraction, punishable by a maximum $250 fine.2 However, if you are a driver or passenger under 21 and are caught violating this law, you face a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine.3

The good news is that there are a variety of legal defenses to this charge. These include (but are not limited to):


the alcohol was in the trunk,
*you were in a "hired" car, such as a taxi, bus or limousine,*
there was no probable probable cause for the police to stop you, or
the police only discovered your open container because they performed an illegal search and seizure.


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## Sacto Burbs (Dec 28, 2014)

So it is not illegal to have red cups in the back of your car when you Uber. Aren't you glad I told you ?


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## UL Driver SF (Aug 29, 2014)

Sacto Burbs said:


> So it is not illegal to have red cups in the back of your car when you Uber. Aren't you glad I told you ?


You go a head and try that. Let us know how much the fine is.

BTW...that fine is per person.


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## ChrisInABQ (Oct 21, 2014)

Sacto Burbs said:


> So it is not illegal to have red cups in the back of your car when you Uber. Aren't you glad I told you ?


Not gonna fly...not in New Mexico anyways. As agreed by two judges so far, we are not taxis here. Since we are treated the same as a passenger car (for ride-sharing or whatever), we are treated as such. A 12-pack with one beer missing, sitting in the rear floorboard, even with both driver and pax in the front...open container! I know Uber/Lyft are treated differently in CA, so I understand that you may possibly get treatment under the law as a legit taxi.


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## Fuzzyelvis (Dec 7, 2014)

Sacto Burbs said:


> So it is not illegal to have red cups in the back of your car when you Uber. Aren't you glad I told you ?


who cares whether its legal or not I don't want any drinking in my car except water


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## Just_in (Jun 29, 2014)

It might depend on whether or not there is a partition in the ride share car or cab. Of course I would think most ride share cars are not governed by a partition.

So I would guess as a UberX driver you would be taking a chance. Depending on what mood the cop is in. That's if you get pulled over..


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## frndthDuvel (Aug 31, 2014)

duggles said:


> So can Texas passengers no longer have open containers in a vehicle? My knowledge of Texas, as little as a year ago you could still go through drive-thru margarita places. Not the case anymore?


What? Texass counties where you can't buy beer, but can walk around with a Galil 308 ARM?


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## UL Driver SF (Aug 29, 2014)

Fuzzyelvis said:


> who cares whether its legal or not I don't want any drinking in my car except water


Well said.


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## UL Driver SF (Aug 29, 2014)

Just_in said:


> It might depend on whether or not there is a partition in the ride share car or cab. Of course I would think most ride share cars are not governed by a partition.
> 
> So I would guess as a UberX driver you would be taking a chance. Depending on what mood the cop is in. That's if you get pulled over..


I don't think you are taking a chance. I think it's pretty clear if you allow people to drink alcohol in your car you will be racking up an alcohol related offense on your driving record.

But to all those who think differently, I'm not saying you do, go for it.


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## Ross (Dec 18, 2014)

Here is Arizona, a legal For Hire car with the proper plates, insurance, AZDWM sticker and if the driver has jumped though all his/her BS state requirements, then a passenger may have an open container. With that being said, all of these fly by night, weekend warrior punks with their pink mustache and mom's Honda can't get away with that when they decide they want to play taxi driver after leaving their day job at the Wal-Mart McDonalds&#8230;

Here is the Arizona's take on the subject:

_4-251. Spirituous liquor in motor vehicles; prohibitions; violation; classification; exceptions; definitions

A. It is unlawful for any person to:

1. Consume spirituous liquor while operating or while within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state.

2. Possess an open container of spirituous liquor within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state.

B. A person who violates subsection A of this section is guilty of a class 2 misdemeanor._

C. *This section does not apply to:*

1. *A passenger in any bus, limousine or taxi.*

_2. A passenger in the living quarters of a motor home as defined in section 28-4301.

D. For the purposes of this section:

1. "Motor vehicle" means any vehicle that is driven or drawn by mechanical power and that is designed primarily for use on public highways. Motor vehicle does not include a vehicle operated exclusively on rails.

2. "Open container" means any bottle, can, jar or other receptacle that contains spirituous liquor and that has been opened, has had its seal broken or the contents of which have been partially removed.

3. "Passenger compartment" means the area of a motor vehicle designed for the seating of the driver and other passengers of the vehicle. Passenger compartment includes an unlocked glove compartment and any unlocked portable devices within the immediate reach of the driver or any passengers. Passenger compartment does not include the trunk, a locked glove compartment or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.

4. "Public highway or right-of-way of a public highway" means the entire width between and immediately adjacent to the boundary lines of every way maintained by the federal government, this state or a county, city or town if any part of the way is generally open to the use of the public for purposes of vehicular travel._


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## Tim In Cleveland (Jul 28, 2014)

Here's a nice summary of open container and consumption laws:
http://www.cga.ct.gov/2008/rpt/2008-R-0128.htm


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## Desert Driver (Nov 9, 2014)

Sacto Burbs said:


> So it is not illegal to have red cups in the back of your car when you Uber. Aren't you glad I told you ?


But for the record, it's not legal in MY car. And that, really, is the final word on the matter.


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## Desert Driver (Nov 9, 2014)

Ross said:


> Here is Arizona, a legal For Hire car with the proper plates, insurance, AZDWM sticker and if the driver has jumped though all his/her BS state requirements, then a passenger may have an open container. With that being said, all of these fly by night, weekend warrior punks with their pink mustache and mom's Honda can't get away with that when they decide they want to play taxi driver after leaving their day job at the Wal-Mart McDonalds&#8230;
> 
> Here is the Arizona's take on the subject:
> 
> ...


transpiration?


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## RamzFanz (Jan 31, 2015)

Ross said:


> Here is Arizona, a legal For Hire car with the proper plates, insurance, AZDWM sticker and if the driver has jumped though all his/her BS state requirements, then a passenger may have an open container. With that being said, all of these fly by night, weekend warrior punks with their pink mustache and mom's Honda can't get away with that when they decide they want to play taxi driver after leaving their day job at the Wal-Mart McDonalds&#8230;
> 
> Here is the Arizona's take on the subject:
> 
> ...


If taxis weren't horrible, there would be no Lyft service.


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