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Atlanta Criminal Defense Lawyers > Blog > DUI > Can I Drink in the Car if I’m Not Driving?

Can I Drink in the Car if I’m Not Driving?

If you have a driver’s license, and even if you don’t, you know that no driver is legally allowed to get behind the wheel if they have had too much to drink, or drink while they are operating the car. But what if you are the passenger? Typically, the answer is that no, you are not permitted to drink in a motor vehicle, no matter which seat you are sitting in. The act of consuming alcohol in a vehicle is illegal in 43 states.

If you are driving and are pulled over, any open container in your vehicle will earn you a charge. You are responsible for the behavior of the people in your vehicle. Do not let anyone consume alcohol while you are driving.

There are seven states that do not currently have open container laws on the books. These states are Arkansas, West Virginia, Virginia, Mississippi, Delaware, Connecticut and Missouri. Even though these states do not have open container laws, some local ordinances do prohibit the behavior.

One of the only areas in the country that permits the consumption of alcohol in a vehicle is the French Quarter in New Orleans. Even though the consumption of alcohol is permitted inside of a vehicle, the law only pertains to passengers. It is still illegal for a driver to drink behind the wheel.

If you or a loved one are arrested for DUI in DeKalb County, you need the experience of an attorney like Hawkins Spizman Fortas. A DUI conviction can have serious and lasting consequences on your life. A conviction can impact you in ways that you may not have considered. Call our office today for a free case evaluation and let us advise you of your options.

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