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Drinking and driving is illegal and dangerous. You know this. But what about having an adult beverage present in your car while driving? Well, that becomes a little more complicated.
The TEA-21 Act prohibits the consumption or possession of alcoholic beverages in a vehicle while driving. But many states don't comply with the law, or enforce a more extreme version of it. Needless to say, this is the kind of thing you might want to familiarize with, lest you get fined for someone holding a beer in the backseat.
Study up: Hands on the Wheel: Get To Know Your State's Open Container Laws.
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No Backseat Boozing
Applicable States: The 39 states in compliance with TEA-21
States that follow TEA-21 agree to six standards, which prohibit the driver and all passengers from consuming and/or possessing any alcoholic beverages while in a vehicle. In other words, even if you haven't taken a sip, you can end up footing some serious fines.
No, your state isn't just trying to make your life difficult. States in compliance with TEA-21 are awarded extra funding for highway and road building. This hefty incentive is likely why most states opt to follow the proposed law.
Drinking While Driven
Applicable States: California, Texas
Hired a chaffeur for the night? You can safely drink up. These states comply with the rules of TEA-21, but they make an exception if you're riding in a taxi, bus, or limousine.
Shot Gun
Applicable States: Arkansas, Connecticut, Delaware, Missouri, Virginia, and West Virginia
Breaking the rules of TEA-21, these states allow the passengers in the vehicle to possess and consume alcohol while in motion. Tell those in the backseat they can put a few back, but of course, don't sip yourself.
Something to Wine About
Applicable States: Virginia
For a state that hasn't yet agreed to TEA-21 standards, Virginia has some seriously strict open container laws. Even an empty container of alcohol in the passenger portion of a vehicle can result in fines, the presumption being that it was full earlier and was consumed in the car.
Furthermore, if you exhibit behavior that makes the officer suspect you've been drinking, you can also be hit with a ticket, even if the alcohol in question is a bottle of wine that has been re-corked. The lesson here? Leave the booze behind.
Keep the Junk in the Trunk
Applicable States: New York, Washington, Ohio
In addition to following every standard of TEA-21, these states will also fine you if there is alcohol in your glove compartment. The only acceptable and legal place to store your liquor is in the trunk of your car. Pop the trunk, put it in, and keep it there until you arrive at your destination.
Parked Under The Influence
Applicable States: The 39 states in compliance with TEA-21
Drinking alcohol isn't just illegal when your car is in movement. If your car happens to be parked where there are more than 10 cars, located on any public highway, or still has the keys in the ignition, you are subject to a fine. In short, your Maxima can't double as a pub. The beer may cost more at your local bar, but they also won't hit you with a ticket for taking a few back. The cost-benefit ratio seems clear.
Wine Is Fine
Applicable States: Wyoming
Passengers can possess and consume alcohol in the vehicle , but the driver can only have a resealed wine bottle and escape without a fine.
Frozen Drinks Allowed
Applicable States: Louisiana
Louisiana law states it is illegal to have open containers in your vehicle while driving, but the state doesn't fully comply with TEA-21 standards. Drivers can have frozen daiquiri drinks in their vehicle, so long as there's no straw in the cup. Frozen margarita to go, anyone?
Keep It Under The Limit
Applicable States: Mississippi
Mississippi is the only state to shun all open container laws. Drivers are allowed to possess and consume alcohol in their vehicles as long as their blood alcohol content remains under .08%. Does this mean you should drink while driving in Mississippi? No, it means you should drive extra defensively. There are people out there literally drinking and driving, and somehow, it's legal. You crazy, Mississippi.