The crime of Drinking Alcohol in a Motor Vehicle, known as “open container” laws, may be applied to driver or passenger while driving on a public road. Even with a “designated driver”, a passenger in possession of an alcoholic beverage may be charged with Drinking Alcohol in a Motor Vehicle. The statute does not apply to passengers in buses, taxis or limousines.
What does the prosecutor have to prove?
1. Defendant drove a motor vehicle.
2. Defendant drank an alcoholic beverage while driving a motor vehicle.