What is the Open Bottle Law in Minnesota?

Driving under the influence of alcohol can quickly net you a DUI charge. What many Minnesota drivers fail to realize, however, is that it’s not just driving under the influence that can get you in trouble. Choosing to drink while you’re in the car can also net you a misdemeanor charge–and a police officer need not see you actively drinking out of the container in order to charge you.

What is Minnesota’s Open Bottle Law?

According to statute 169A.35, “It is a crime for a person to have in possession, while in a private motor vehicle upon a street or highway, any bottle or receptacle containing an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that has been opened, or the seal broken, or the contents of which have been partially removed.” In short, this means:

• You cannot drink alcoholic beverages while driving.
• You cannot drink alcoholic beverages as a passenger in a private vehicle, even if you have no intent to drive yourself.
• You cannot carry with you an open alcoholic beverage in a private vehicle, including alcoholic beverages that have been previously opened or any of the contents removed.

This policy is intended to reduce the likelihood of drinking and driving. Since passengers also cannot have open bottles of alcohol, the driver cannot take “just a drink” from a passenger, nor can the driver hand off their drink to another passenger in the vehicle before the police officer stops them.

According to this statute, the driver of the vehicle bears strict liability for allowing other individuals to drink in the vehicle. Even if the driver does not know that passengers are drinking, he can still be charged with an open bottle violation. Even if the driver of the vehicle is completely sober, he may still face an open bottle violation if vehicle passengers are drinking.

How Can You Safely and Legally Transport Alcohol in Your Vehicle?

In some cases, you may want to transport an open container of alcohol safely and legally in your vehicle. You do not want to get in trouble with the police, but you do want to transport that open bottle: coming home after a party, for example, you  might want to bring an unfinished bottle home with you, or you might want to transport a bottle purchased and opened on vacation. Luckily, there are legal ways to transport alcohol in a personal vehicle.

Make sure the bottle is closed completely. While you cannot restore the factory seal, you need to make sure that the bottle is completely closed and sealed if at all possible.

Place the bottle in a separate part of the vehicle. In a car, this might mean placing the bottle of alcohol in your trunk. If you drive a truck, you may want to secure the bottle in the bed of the truck, rather than keeping it in the cab. Ideally, you want to be sure the bottle is completely out of reach of the driver or any passengers.

What Are the Penalties for an Open Bottle Violation?

An open bottle violation can cause substantial problems for the driver of the vehicle. An open bottle violation is a misdemeanor. According to Minnesota law, a misdemeanor can carry a fine of up to $1,000 and up to 90 days in jail. Juvenile offenders may lose their license due to the offense.

Can Passengers Drink Alcohol in Any Vehicles, or Does the Open Bottle Law Apply to All of Them?

In a passenger vehicle, neither passengers nor drivers can consume alcohol at any time. Any time the vehicle is on public roads, even if the vehicle is not running or in motion, police officers may choose to charge drivers and passengers with a misdemeanor according to the open bottle law. In some vehicles, however, passengers can consume alcohol, even though drivers cannot. This includes limousines, buses, and pedal pubs. Most of these vehicles significantly separate passengers from drivers, and passengers may use those vehicles to avoid drinking while driving. Make sure, however, that you understand company or fleet policies concerning alcohol consumption in those vehicles before drinking.

What Should You Do If You Face an Open Bottle Violation?

Facing an open bottle violation may cause penalties to both your personal freedom and your finances. After an open bottle violation, not only will you need to pay the associated fine, but your insurance premiums may increase. Worse, if you are employed in a field that requires you to drive on a regular basis, you may not be able to keep your job with an open bottle violation on your record. Following the right steps, therefore, is critical to protecting your reputation, your freedom, and your finances. Consider these key steps:

Do not argue with the police officer. You can provide key information to the officer at the scene of the violation, but you should not argue. Keep in mind that “I didn’t know about it” isn’t considered a valid reason for a passenger with an open bottle of alcohol in your vehicle; under Minnesota law, you will still be held liable.

Do not answer questions that could incriminate you. In an open bottle violation, as with any other type of legal issue, you should take advantage of the right to remain silent.

Contact a lawyer as soon as possible. If you face an open bottle charge, you need an experienced Minnesota criminal lawyer to defend you. The sooner you contact an attorney, the sooner they can begin work on your behalf. You may want to contact a lawyer before you speak with police officers, especially if there are any extenuating circumstances. You have the right to contact an attorney if you are taken to jail.

If you’re facing an open bottle violation in Minnesota, we can help. Contact us today to schedule a consultation with Kevin DeVore who will work to ensure that you receive the support you need as you attempt to avoid misdemeanor charges.