Can I Be Charged with a DUI if I Had Open Bottles in my Car?

Posted By Tomeo Sills, LLC || 27-Nov-2017

Connecticut is one of only eight states that allows car passengers to drink from an open container of alcohol while on the road, but a driver absolutely cannot. What happens if you, as the driver, are pulled over and the police find open bottles and cans of alcohol all around your car? Can you get a DUI?

No, you cannot be charged with a DUI simply for having open containers of alcohol in your car. As long as your BAC is under .08, open containers of alcohol in the car are completely legal in Connecticut.

What Is Against the Law?

It is illegal to drink any alcoholic beverage while operating a motor vehicle:

  • On a public road
  • On a road of a specially chartered municipal association or of a fire, sewer, or other special district
  • In a parking area for 10 cars or more
  • On a private road on which a speed limit has been established according to law
  • On any school property

Penalties include a fine of up to $500, imprisonment for up to 3 months, or both. Passengers, on the other hand, are free to consume alcohol in all the situations listed above.

Under 21

Under Connecticut law, anyone under the age of 21 driving a motor vehicle in which a police officer finds any alcoholic beverages, open or sealed, is subject to a 60-day license revocation. The only way someone under 21 can drive with alcohol in the car is if (1) they are accompanied by a parent or guardian over 21 or (2) they are over 18 and are a state liquor permit holder.

Call Our DUI Lawyers Today

If you were arrested for drinking and driving or with open containers in your car, immediately contact our Connecticut DUI attorneys at Tomeo Sills, LLC. Whether this is your first time being arrested for drinking and driving or you are a repeat offender, we can assist you with your DUI matter.

Call (844) 913-7747 or contact us online for a free consultation.

Categories: DUI
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