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  1. #1
    vbguru12000 is offline Junior Member vbguru12000 has a reputation beyond repute vbguru12000 has a reputation beyond repute vbguru12000 has a reputation beyond repute vbguru12000 has a reputation beyond repute vbguru12000 has a reputation beyond repute vbguru12000 has a reputation beyond repute vbguru12000 has a reputation beyond repute vbguru12000 has a reputation beyond repute vbguru12000 has a reputation beyond repute vbguru12000 has a reputation beyond repute vbguru12000 has a reputation beyond repute
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    alcohol in car laws

    I'm just curious what the actual laws are for carrying alcohol in your car? Everyone I ask seems to have a different answer so I figured I better ask someone that actually knows so I don't run into trouble. Now I know in Indiana (probably most states if not all) you can't have an open container in the front seat. But I've also heard you can't have an open container anywhere but the trunk. Also have been told if someone under 21 is driving there can't be any alcohol in the car at all, even if the car is owned by someone 21+ and that person is present. I'm mainly looking for the laws in IN, but also interested in Kentucky and Tennesse. Thank you in advance for your help/time.

  2. #2
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  3. #3
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    Keep in mind that individual towns you are driving through may also have local ordinances against alcohol in vehicles, sometimes even if the state lacks a law.

    For example, I work on federal property right next to a college campus. All alcohol is illegal, if it's open or not. It's best just to be driving home from the grocery store if you plan on transporting alcohol, as there is really no other reason to have it in your vehicle.
    One Big Ass Mistake America

  4. #4
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    I'll let you know for the state of TN and specifically Davidson County (Metro Nashville).



    TN 55-10-416. Open container law.

    (a) (1) No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.

    (2) For purposes of this section:

    (A) "Open container" means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken;

    (B) An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or other nonpassenger area of the vehicle; and

    (C) A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.

    (b) (1) A violation of this section is a Class C misdemeanor, punishable by fine only.


    Basically, under state law, only the driver is prohibited from consuming or possessin an open container of alcohol. However, in Davidson County (Metro Nashville),

    Metro Davidson County code: 7.24.040

    It shall be a violation of any person , while in or on a street, alley, sidewalk, parking lot, parking garage or other area generally open to the public, except (1) enclosed structures, (2) premises owned by scientific, religious, or educational institutions, or (3) premises specifically permitted or licensed for the on-premises consumption of alcoholic beverages or beer; to have in their possession beer, ale, wine or other alcoholic beverage for the purpose of consumption in a glass, aluminum, or metal container unless such container is commercially sealed.


    Metro Nashville, no person can have an open container in the vehicle.

    Although state law advises just the driver is prohibited, many counties and/or municipalities may enact their own law to prohibit anyone from having an open container. If you are underage in the vehicle, then you're looking for more trouble. If no one fesses up to the possession of the alcohol, everyone in the vehicle can be charged. The open alcohol itself is prima facia evidence and consumption does not have to occur (in other words, I don't have to smell it on your breath, I just have to see the bottle).

  5. #5
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    § 3809. Restriction on alcoholic beverages.
    (a) General rule.—Except as set forth in subsection (b), an individual who is an operator or an
    occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a
    controlled substance as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled
    Substance, Drug, Device and Cosmetic Act, or an alcoholic beverage in a motor vehicle while the motor
    vehicle is located on a highway in this Commonwealth.
    (b) Exception.—This section does not prohibit possession or consumption by any of the following:
    (1) A passenger in the passenger area of a motor vehicle designed, maintained or used primarily
    for the lawful transportation of persons for compensation. This paragraph includes buses, taxis and
    limousines.
    (2) An individual in the living quarters of a house coach or house trailer.
    (c) Penalty.—An individual who violates this section commits a summary offense.



    That's Pennsylvania

  6. #6
    mcsap is offline Veteran member ( retired) mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute
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    PA has a concise law.

    A person under age 21 may not be in possession ( open container or not doesn't matter) , purchase , cusumption or transportation of any booze.

    Doesn't matter where it is in the car and the age of the driver NOT the passengers is what matters. A 19 yr old driver operating a car in which the passenger is 21 and the passenger just legally bought a case of beer and has it on his ( the passenger's own) lap is a violation.

    Fine is up to $300 plus 90 days suspension the first time ( regardless iof a car is involved or not)

    2nd offwense is up to $500 and suspension of 6 months.

    3rd offense is up to $500 and one year suspension.

    Oh , and the booze gets dumped out on scene.
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