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Prohibition of Open Containers of Alcohol in Motor Vehicles as of 2009. To comply with the TEA-21 rules of the federal Department of Transportation, a state's motor vehicle open container laws must: Prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage in a motor vehicle; [26]
Drunk driving is the act of operating a motor vehicle with the operator's ... may still result in a penalty if there is an open container of alcohol in the vehicle ...
KRS 189.530, the state law that establishes the rules around open containers in motor vehicles, states “nothing in this section shall prohibit the possession of an open alcoholic beverage ...
Similarly, passengers of motor vehicles are allowed to consume alcohol as long as they are not in a liquor-free zone. Sale of alcohol to intoxicated persons is illegal. Under the Summary Offences Act 1981 it is an offence to drink alcohol in public transport, aeroplanes and taxis unless the vehicle is a licensed premises.
The driver, 43-year-old Sean M. Higgins, is charged with two counts of death by auto, along with reckless driving, possession of an open container and consuming alcohol in a motor vehicle.
Under Texas Alcohol Code section 109.35, a municipality can prohibit the possession of an open container in central business districts if there’s a risk to the health or safety of its citizens.
Any non-driving vehicle passenger thus is permitted to possess an open container and consume alcohol in Missouri while the vehicle is in motion, although 31 smaller municipalities, the largest being Columbia, Independence and St. Charles, have local open container laws. [37]
1937 poster warning U.S. drivers against drunk driving. Driving under the influence (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely. [1]