We all know that drinking and driving isn’t such a great idea. While you can have a beer, and likely still fall beneath the legal limit— taking the chance is always risky. But what about when it comes to your passenger drinking? What kind of rules do they need to follow when they don’t have the pressure of operating a vehicle? Ultimately, it all comes down to those open container laws…
Passenger Drinking: What are the Rules?
It all comes down to keeping those open containers out of the car…
Throughout the state of North Carolina, open container laws are pretty cut and dry. According to this law, you cannot have an open container of alcohol in the passenger area of your vehicle by any means. So, to put it simply, you cannot travel with any open alcoholic beverages… even for your passengers.
How do you define an open container?
Defining an open container is quite simple. According to state law, the law considers any container with a broken seal to be “open”. While it’s obvious that this applies to bottles of all types of alcohol, most people don’t consider it when taking a drink in the car. Since it states any beverage with an open seal, that encompasses personal mixed drinks, beers, and anything in a cup. So before you hop in the car with a red solo cup, remember that violates open container laws. If it’s not sealed with it’s original seal, it is illegal.
So… no passenger drinking whatsoever?
Unfortunately, your drinks will have to wait until you make it to your destination. By these standards, a passenger cannot have an open drink in the vehicle whatsoever. This applies to both parked vehicles and vehicles traveling on a public road. But even the law understands that there are going to be times when you want to transport open containers of alcohol to your destination.
So how can you take that half bottle of vodka to the party?
You just need to carry the alcohol in an inaccessible area–which does not mean the glove compartment. If you choose to drive with alcohol in your car, put the bottles into your trunk, as this is pretty much the only spot to legally transport alcohol. In the case of an SUV or hatchback, you can place them behind the seats. Also, consider the possibility of having alcohol delivered! There are plenty of services out there nowadays to cut the guesswork, and risk of driving with alcohol.
So, once more for clarity, when it comes to passenger drinking, North Carolina laws do prohibit it. While this is important for passengers to remember, it’s also important for drivers to remember. As a driver, you are responsible for the actions of your passengers. So, drive safe, follow the rules, and keep your passengers in line!