Open containers OK? (transporting, crime, limousine)

[Machine Head]

Still new to the area, one of my co-workers told me that as long as the driver has not been drinking it is OK for a passenger to have an open container of booze in the car. This really changes the concept of a designated driver to me. I thought it would be cool if as I arrived to pick up folks at the airport I could have a cold beer ready for them to drink after the long flight in.

I just picked up Drivers manual so I can start studying for my NC license and there is nothing in there on it.

[Waterboy526]

Originally Posted by Machine Head

Still new to the area, one of my co-workers told me that as long as the driver has not been drinking it is OK for a passenger to have an open container of booze in the car. This really changes the concept of a designated driver to me. I thought it would be cool if as I arrived to pick up folks at the airport I could have a cold beer ready for them to drink after the long flight in.

I just picked up Drivers manual so I can start studying for my NC license and there is nothing in there on it.

When I was in the Coast Guard back in the 90's down here I know it was legal at that point as long as the driver had NO alcohol in their system. A trooper told us that. I think the law has been changed now though to where it is illegal to have an open container in the car no matter what. I'm sure you'll get more people to chime in and give you the real scoop. You can always go online and look up the motor vehicle law in this state. I was a cop in Virginia and knew most of the code book like the back of my hand, but NC could be much different.

[jeannie216]

This may help.......

NC Department of Crime Control and Public Safety

[JesCerwin]

I hope it's not against the rules to post a state law. But here it is: It is illegal to have an open container in a vehicle, unless it is a RV/Motor Home or Trailer, OR, if the vehicle is used for transportation (ie. Limos, Drunk Buses, etc.)

§ 20‑138.7. Transporting an open container of alcoholic beverage.

(a) Offense. – No person shall drive a motor vehicle on a highway or the right‑of‑way of a highway:

(1) While there is an alcoholic beverage in the passenger area in other than the unopened manufacturer's original container; and

(2) While the driver is consuming alcohol or while alcohol remains in the driver's body.

(a1) Offense. – No person shall possess an alcoholic beverage other than in the unopened manufacturer's original container, or consume an alcoholic beverage, in the passenger area of a motor vehicle while the motor vehicle is on a highway or the right‑of‑way of a highway. For purposes of this subsection, only the person who possesses or consumes an alcoholic beverage in violation of this subsection shall be charged with this offense.

(a2) Exception. – It shall not be a violation of subsection (a1) of this section for a passenger to possess an alcoholic beverage other than in the unopened manufacturer's original container, or for a passenger to consume an alcoholic beverage, if the container is:

(1) In the passenger area of a motor vehicle that is designed, maintained, or used primarily for the transportation of persons for compensation;

(2) In the living quarters of a motor home or house car as defined in G.S. 20‑4.01(27)d2.; or

(3) In a house trailer as defined in G.S. 20‑4.01(14).

[NewUser]

Since the trunk is not considered the "passenger area", I think you could transport opened alcoholic beverages that way. I know many guys who keep kegs of beer in their homes and pour off some into 2 liter PET bottles to take to parties. That certainly is not the original manufacturer's container.

[Carolina_native]

You can be charged with open container anywhere in a passenger vehicle. Why you would toss them in the trunk I dont know.

Even pouring alcohol into a paper cup is an open container.

[NewUser]

Originally Posted by Carolina_native

You can be charged with open container anywhere in a passenger vehicle. Why you would toss them in the trunk I dont know.

Even pouring alcohol into a paper cup is an open container.

Paragraph (f) of § 20‑138.7. Transporting an open container of alcoholic beverage.

Definitions. – If the seal on a container of alcoholic beverages has been broken, it is opened within the meaning of this section. For purposes of this section, "passenger area of a motor vehicle" means the area designed to seat the driver and passengers and any area within the reach of a seated driver or passenger, including the glove compartment. The area of the trunk or the area behind the last upright back seat of a station wagon, hatchback, or similar vehicle shall not be considered part of the passenger area. The term "alcoholic beverage" is as defined in G.S. 18B-101(4).

[autumngal]

Originally Posted by Carolina_native

You can be charged with open container anywhere in a passenger vehicle. Why you would toss them in the trunk I dont know.

Even pouring alcohol into a paper cup is an open container.

Ahh, the famous To Go cup,

[njprintman]

Head,
As an ex Camden City NJ cop (29yrs) let me give you a little advice.
I stop your car and see ANYBODY with an open container of "stuff" EVERYBODY is getting out of the car. Then the questions and fun begins.
You give a police officer ANY reason to be suspicious and he will run with it.
Soooooooo, don't do anything stupid.
When you pick up your friends at the airport can't you break open a cold one from the cooler and drink it? Do you really have to ride along with it?

[Asheville Native]

Originally Posted by Machine Head

Still new to the area, one of my co-workers told me that as long as the driver has not been drinking it is OK for a passenger to have an open container of booze in the car.

That is easy ,,,, NO....

Unless it is a limousine or bus.

In NC you can be busted for having an EMPTY bottle, or even an empty beer can in the passenger compartment of your vehicle. You may not have had a drop in days, but you will be in violation of the open container law.