Is drinking beer prohibited for car passenger in USA/Canada?

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Eleryth

I don't know the laws in the area you are from; they may certainly be different.

Ridiculous and obvious because the driver could get at it. Doesn't mean the driver really would, but it's possible. So it's better to be safe than sorry. Why wait until an accident? It's better to stop someone with the open alcohol before there is one. Not everyone is honest enough.

It doesn't matter if the passenger is piss-*** drunk because there's no open alcohol in the car that the DRIVER could get a hold of.

Coffee/tea, while hot, do not cause intoxicating effects and impair judgment or slow down reaction time.

You're not driving a motor vehicle, or in a motor vehicle, that could potentially cause an accident and injure/kill someone when you're sitting in your livingroom.

Here's a quote from BC's law:

Liquor in a motor vehicle
Open liquor in a motor vehicle must not be readily accessible to anyone in the motor vehicle (stored behind the seat, in the trunk, etc.). Passengers are not permitted to consume alcohol in a moving vehicle.

Here's your link:
http://www.eia.gov.bc.ca/lclb/licensing/laws.htm#liquor_ina_motor
(also has other information about liquor licensing laws in BC)

You may not like it, but to avoid incident with the police, it's better to follow the laws of the area you're in.

*ajidamoon* the Eh team

Of course a passenger cannot be drinking while in the vehicle, in Canada! That is the most absurd thing I have ever heard. Quite illegal to have an open container of alcohol in the car at all, unless properly sealed and locked in the trunk. Otherwise, its quite possible the driver could get at it. We take driving under the influence offences as a serious matter here in Canada. In fact. if you have been convicted of a DUI in the US, you will not be permitted into Canada, as it is a felony here.

If one was todelve deeper into most vehicular laws, one would see it isn't exactly legal to drink anything, whilst driving, nor eat. As well as the obvious texting, chatting on cell phone, sitting with dog on lap. Of course, cops have much better things to do than pull over every person they see with a coffee, or a bottled water. Alcohol, completely different matter.

Your first point is ridiculous, as how is a drunk person supposed to get back home, from where they were drinking? Wouldn't that also count out taxi cabs? Although in most places, it is also illegal to serve someone in a bar, until the point of drunkenness, it is also illegal to be drunk in public. I have already discussed your second point. And your third point is moot, as how does drinking beer in one's front window, in view of people on the road have anything to do with vehicular law? What one does in one's home, is completely different from what one does while operating a vehicle, or is a passenger in one.

And yes, in Canada, anytime you are pulled over, a cop may issue a breathalyzer to the driver. If the driver refuses, prepare to be brought to the police station to have it administered. If they still refuse, they will be placed in a holding cell, to wait for a lawyer, who will then just arrive, advise them to take the test, and bill them a ridiculous fee for said advice.

Not to mention, we have lovely RIDE programs set up on highways ALL over Canada, at any given random time, to catch drunk drivers, and passengers just like you.

Don Adriano

It varies from state to state, but generally that is true. In most states, it is forbidden to have an unsealed container of alcohol in the car. If you get stopped with one, the assumption is that the driver was drinking it. It's certainly true in Washington state.

Å‹oÑThÎµÑÅ‹

Yes, it sure is prohibited in Canada.Well,it's the law and you gotta obey the law whether you like it or not.Btw I agree with ajidamoon* the Eh team.."very well said"

Randy B

I can't speak for US laws but it is illegal to have open liquor, which includes beer and wine, in a vehicle in Canada. That also includes a vehicle that is moving or stationary. Like it or not, that is the way it is in Canada. It's done that way because of the potential for the driver to participate while driving (when the vehicle is moving) and while having care and control of the vehicle (while the vehicle is stationary since the driver or someone in the car would have the keys in their possession and be able to drive with the alcohol)

As to your additional questions on the subject:

1) Yes, drinking 10 bottles and then being the passenger would be fine since the passenger is not driving and since the beer has been drunk by the passenger there is no chance that the driver could now drink it.

2) Drinking hot coffee/tea in a car cannot get you drunk which is the whole reasons behind the law. It's not an anti drinking and scalding law.

3) Yes, sitting in the front window of your home is now not an offence. What you do in the privacy of your own home is your own business. HOWEVER, at one time it was considered an offence to drink like that in public. You could drink in your back yard of your home but not in your front where people could see you.

Beer or any alcohol in a car IS ok as long as it is factory sealed while in transport. If it is opened or tampered with there is the real risk of an offence.

And, lastly, yes, they can make the breath demand to the driver if they find open liquor in the car and if the driver refuses they can and most likely will charge him with "refusal" which is a much easier charge to prove (either someone refuses or they comply...simple enough) and the penalty for refusal is essentially the same for drunk driving. It's done that way so that drunks just don't refuse so that they get a lesser penalty.

Welcome to the real world.

Ashley O

Of course you can't! That's ridiculous! No open alcohol whatsoever in a car.

SaMaNtHa â˜®â€¢ â™¥ â€¢â˜º

no you cant have any open container of alcohol in a car!

Stifle

It depends on the state; some have open container laws and some don't.

Brianna's Mommy

I understand your confusion over the matter. We travelled to Montana, and I didn't believe my husband at all when he said that he could have open alcohol in the car as a passenger, but he could. However, it is prohibited by law in Canada. I suppose it's because it's too easy for the driver to get at it or something like that. The worst that they can do if you have open alcohol in the car and the driver is not drinking is dump your alcohol and give you a fine (I think that it's $150, but it may have gone up). I have had friends who were caught with open alcohol and never got the fine, but got it dumped.

If you are looking to have a fun road trip, just put your alcohol in a container that makes it look like juice or something. Like, if you're drinking vodka and 7-up, just drink a bit of the 7-up out of the container and funnel in some vodka. Just a tidbit from a girl who took a lot of college road trips and never had her alcohol dumped ;)

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