Legal FAQ | Questions About The Law | Your Right Under The Law

If a passenger in a car is drinking alcohol, but the driver is not, is the driver liable for charges if stopped by police?

Yes. It is illegal for anyone to have an open container of alcohol or to drink alcoholic beverages in a vehicle, and both driver and passengers may be issued a traffic citation. If there is a second offense within one year, the driver’s license will be suspended for one year. Any driver under age 21 also faces the loss of driving privileges for one year for the first conviction and revocation of driving privileges for a subsequent conviction.

Passengers on chartered buses used for non-school purposes, or in motor homes, mini motor homes and limousines are exempt.

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