Can a sober driver be arrested if his passengers are all drinking in the car? 54 Answers as of October 26, 2011

You probably would not be arrested but it is a violation of the law to drive while the passengers are drinking (open container).

Probably - open container violation. Don't let your buddies drink in your car. They can drink before you go and after you get there. Unless they are stone alcoholics they can make it for an hour without a drink. If they can't you don't need friends like this.

It is against the law in Washington to have an open container of alcohol in a vehicle other than a charter bus or other commercial vehicle where the driver does not have access to the alcohol. If you all pile into a car and everyone but you start drinking, you all could be cited for open container. The bigger issue though is that your friends don't want to or can't take an hour car ride without drinking. That doesn't bod well for them.

Yes he could be if there were minors involved.

It can be argued you were not doing the right thing. Just as with seat belt usage, the driver/operator of the vehicle is responsible. If your passengers are drinking in a vehicle you are driving, then you are guilty of driving with an open container. As the operator it is your duty to either have the passenger with the open container exit the vehicle or remove the open container. Hard lesson, I know.

Right or wrong you can be arrested. There is an old saying,"you can beat the rap, not the ride". Get a good lawyer for some help.

Since this appears to be a hypothetical question, hypothetically you would not be subject to arrest based solely on what you have described. Usually there are more factors in this kind of situation to be considered. As long as you are obeying the law and not assisting others in breaking the law, you should not be arrested.

I doubt you were arrested for DUI, if completely sober, however, you were transporting open alcohol in your vehicle, which is a violation of the law, at least in Illinois, where I practice.

You don't say how old the people are that will be drinking. If everyone is under age, then yes, you could get into trouble. If everyone is over age 21 and you are driving and are sober, you are the "designated driver" and you should be fine.

If you consumed NO alcohol, then the only charge would be the infraction of "open container".

Many jurisdictions have laws against having open containers of alcohol (including beer) in the car, so it is possible that you could be charged with violating such a law even if you were not drinking.

You could indeed be arrested for "open alcohol" in your car even if you were not the one drinking. In Illinois, having open alcohol in your car is a Class A misdemeanor punishable by a maximum of 364 days in jail and a $2500.00 fine. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.

You were driving, you are responsible for what goes on in the car. If there was open alcohol, you are responsible.

You could be charged with having an open container in the car.

You cant be arrested-unless your under 21-however you can be cited for the open container law which is very expensive fines.

Yes there are open container laws.

Permitting an open container of alcohol in your car is a crime.

You cannot be arrested for DWI unless you are drunk. However, you may be violating open container laws.

Yes. A person may be in possession if the alcohol is in the car within their range.

It is illegal to have open containers of alcohol in a vehicle. If you are driving you will be charged.

Open alcohol in the car is not legal. Nor is it legal for someone under the age of 21 to be transporting closed alcohol unless there is a parent in the car.

Yes, a sober driver can be be charged with an open bottle misdemeanor offense for allowing passengers to drink alcohol in the car. The officer is required by law to release you on citation instead of arresting you unless you have a history of outstanding bench warrants for failure to make your court appearances.

I cannot find anything in the Vehicle and Traffic Law that prohibits an open container in a motor vehicle. I thought I would, but I didn't. There may be local ordinances that prohibit it. It just doesn't sound like a good idea to me anyway.

It is illegal to have open intoxicants in a motor vehicle. If you are in control of the vehicle you could be charged with having open intoxicants even if you were not drinking.

As the driver of the vehicle, you are responsible for what occurs inside the vehicle. In the specific case you describe, you could be ticketed for having an open alcohol container in the vehicle even if you were not drinking it. However that is usually a situation where you would be given a citation for the offense and not placed under arrest.

Don't do it. Open bottles of alcohol are illegal in a motor vehicle and if you are stopped it is possible that you will all be charged. Sobriety is not a defense.

You may get a ticket for an open container, but as long is everything else is legal then you should not have to worry.

If you have not consumed alcohol to the point where your driving is affected or your BAC is .08% you will not be DUI. However, you may get a ticket for having an open container in a vehicle.

If you are of age and I mean 21 and the other people in your car are of drinking age then you cannot be arrested.

Should not be, with the exception of open containers in the car, which could arguably be in your possession.

Yes. Police have the power to arrest for anything. The question is whether it is a legal arrest.

You can be held liable for T.O.C., Transporting of liquor in an open container, which is illegal in the state of Kansas, and is a class C misdemeanor.

You can't be charged with DUI, but you were the driver, so you can be charged under the open container law.

Yes you could be arrested for open intoxicants in the vehicle. There is not supposed to be any open containers with alcohol in a vehicle that is being operated,

Drinking in car by anyone = NOT the right thing. I know you think otherwise. Violates the open container law. Failure to operate in control. Driving while people drinking and becoming intoxicated = reckless operation. Probably about a half a dozen other charges a creative police officer could come up with.

The driver of a car is in presumptive possession and control of the car and its contents. If there's an open container in the car, the driver can be charged with a violation of Vehicle Code section 23223, subdv. (a) and the passengers are chargeable under subdv. (b). A presumption is not the same as actual proof; but typically it requires the driver to bring an affirmative defense. Among the defenses available to the driver would be lack of knowledge that the passengers were in possession (which doesn't sound like it applies in your case). It would be best if you consulted with a lawyer, as you may have other defenses available. In any event, the fact the you had not been drinking might be sufficiently favorable to get a prosecutor to dismiss, divert or reduce your charges.

Yes he can be arrested for several criminal law violations. The fact that he is allegedly sober (or "DD") can be raised; however, it would be more relevant had D been charged with a DUI/ DWI charge. A few examples of the charges D should be expecting; include, but are not limited to the following: (1) "M.I.P." (Minor in Possession) if underage; (2) "Contributing to the Delinquency of a Minor" (felony - 4th degree) if anyone in the vehicle is under 21 years of age; and/or (3) "Open Container" (see your specific state's open container statute). Under NM law, D would meet an exception to the open container law if D was a priest, merely delivering sacramental wine to church. Which is highly unlikely since sober driver (D)'s vehicle is full of beer, not wine.

Interesting question. I would say the answer is that you are not guilty of anything other than letting your friends have open containers. Any officer who pulls you over, however, will very likely test you for DUI and - even though you pass - it will be stressful and potentially bad. Better for your friends to do their drinking before getting in the car. It's only an hour drive; they should be able to handle that!

The driver of a vehicle can be charged with open intox if there are open containers of alocol present in the vehicle in an open area of the vehicle where access is ready. It is a misdemeanor.

To Whom It May Concern: You will not be cited or arrested for Driving Under the Influence, but I can definitely see you cited for having an open container of alcohol in a vehicle.

No there is no violation of any law. In fact, you are doing something responsible by helping to drive the "drunk" folks, yourself being sober.

Potentially yes for open container.

A driver cannot be arrested, lawfully, for DUI if he/she is sober. If you are stopped the officer may investigate due to the odor of alcohol in the car, but a good officer, repeat, a good officer, will not arrest you if you are completely sober (translation - absolutely no alcohol in your system). However, if you are "sober" but have had a drink or two, don't drink. It's simply too risky under this set of facts.