When you’re in a bar or restaurant, in the comfort of your own home, or in a friend’s home, if you’re over the age of twenty-one, you have the right to drink alcohol as you please. While there are statutes that prevent public drunkenness, there’s nothing to say that you can’t have a few drinks, especially spread over the course of several hours.
That right ends when you get behind the wheel of a car.
In Minnesota, as well as in other states, you cannot consume alcohol while operating a motor vehicle. Alcohol impacts your ability to function very quickly, and consuming alcohol while driving can make it difficult for you to notice as inebriation sneaks up on you. Just as it is illegal to consume alcohol, then get behind the wheel of a vehicle, it is illegal to consume alcohol while you are actually in a vehicle–and Minnesota’s open bottle law is designed to prevent people from drinking while driving.
Minnesota’s Open Bottle Law
According to Minnesota’s open bottle law, it is illegal to have an open bottle, can, or other container of alcohol in your vehicle within reach of the driver while it is in motion. This includes bottles or cans of beer, wine, and other beverages you could reasonably expect to consume in one sitting as well as larger containers of alcohol. The law is designed to prevent the driver of a vehicle from having access to alcohol while they are driving, keeping both them and others on the street safer while they’re on the road. 43 states within the US have open bottle laws.
How Can I Legally Transport Alcohol in My Vehicle?
Sometimes, you want to be able to transport alcohol in your vehicle. Perhaps you’re headed to a party, or even coming home from the store. In order to legally transport alcohol, you must adhere to Minnesota law. There are several ways you can transport alcohol legally.
Keep the container sealed. Coming home from the store with alcohol in your vehicle, even in reach of the driver, is perfectly legal. While a police officer may pull you over if they notice the alcoholic beverage or it appears to be in a cup holder, if the container is still sealed, you should be free to go on your way once they check it out.
Put the container well out of reach–and keep it closed. The most effective way to transport alcohol that has already been opened is to ensure that it is well out of reach out the driver, ideally in a secure location. Consider placing open containers of alcohol in your trunk or in the glove box, or keeping them in the back seat and well out of reach. You don’t have to hide them, but they shouldn’t be within easy reach of the driver, nor should they be evident to a casual observer.
What if a Passenger in the Vehicle Has the Open Bottle or Container?
According to Minnesota law, even if a passenger in your vehicle has an open container of alcohol, it is still a violation of the law. Passengers in your vehicle should finish their drinks before they get in or put them away until they reach their destination. Even if the passenger’s blood alcohol content–or even the driver’s blood alcohol content–is below the legal limit, you can still receive a citation for an open bottle or container of alcohol in the vehicle, even if the driver isn’t drinking. Instead of taking the risk, always tuck bottles of alcohol away during the drive. You’ll be at your destination and able to drink again soon.
Can I Take Leftover Alcohol Out of a Bar or Restaurant?
Many people choose to order another drink while at a bar or restaurant, but don’t finish the drink while they’re there. Some bars and restaurants offer drinks in single-use containers, which may present the appearance that you can leave with it. These drinks, however, should be consumed within the restaurant. Legally speaking, you should not take an open container of alcohol out of the restaurant with plans to consume it later.
Most bars and restaurants will not allow you to leave with an open container of alcohol. While you may be able to purchase some types of alcohol, like a bottle of wine, to bring with you for later consumption, those containers will leave the location sealed.
What If I’m Not Driving My Vehicle?
According to Minnesota law, “It is a crime for a person to drink or consume an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor in a motor vehicle when the vehicle is upon a street or highway.” If your vehicle is not on a street or highway–it’s parked in your back yard, beside a lake, or in a campsite, for example–you can legally consume alcohol in your vehicle. It’s fine to sit in the bed of your truck or in the back of your van and have a few drinks, especially if you aren’t planning on going anywhere for several hours. Before getting behind the wheel, however, make sure that you’ve cleaned up any half-filled containers, put a cork in that bottle of wine, or otherwise sealed any open containers, and tuck them away in a secure location within the vehicle.
You should also take the time to throw away any empty containers, or at least put them in a trash bag, where they won’t be clearly visible. This can help prevent you from getting pulled over because an officer sees what they assume to be an open container in your vehicle. You could receive a citation for an empty bottle of alcohol if an officer has reason to suspect that you were consuming it while driving or it appeared to be in reach.
Do you need an attorney after an open bottle citation? We can help! Contact us today to learn more about our legal services and how we can help protect you if you’ve received an open bottle or DUI citation.
Posted 27th June 2019 by DeVore Criminal Defense