Can NC passengers drink a beer (or any booze) while someone else drives? Here’s the law
We all know it’s illegal to drink and get behind the wheel, or have a drink while you’re driving.
But what if you’re merely a passenger, not in charge of operating the vehicle? Can you sip an alcoholic beverage then? Or even just have one open?
Here’s what the law says.
Can passengers have open containers of alcohol in NC?
No, open alcoholic beverages are prohibited in the passenger areas of a vehicle.
“This applies to all occupants and all seating positions,” said Sgt. Marcus Bethea, public information officer for the State Highway Patrol.
Alcohol is only allowed to be inside the passenger area of a vehicle while in motion if it’s in “the unopened manufacturer’s original container,” state law says. A beverage is considered “open” if the seal on its container has been broken.
There are a few exceptions to this law, state law says:
If the passenger area is “designed, maintained or used primarily” for paid transportation (like limos, taxicabs, Ubers or buses).
If the motor vehicle has living quarters, such as a mobile home or house car (like an RV or camper).
If the passenger is in a house car.
Motor vehicle is defined by state law as “any vehicle driven or drawn by mechanical power and manufactured primarily” for use on public roadways. The law includes mopeds.
Does the passenger area of a car include the trunk?
No, the trunk is separate from the car’s passenger area, as defined by state law.
The passenger’s area includes:
The driver’s seat
All passenger seats
Any area within reach of the seated driver or passenger
This includes the glove compartment
The passenger’s area does not include:
The trunk
The area behind the “last upright back seat” of a station wagon, hatchback or similar vehicle
What’s the penalty for having open alcohol in your car?
You can face a fine, plus jail time.
Open container infractions don’t result in the driver’s arrest, but they can face a fine of up to $100 plus any additional associated costs, according to Asheville DWI Lawyers.
“This charge is levied if the driver has alcohol in their system or is actively consuming while driving,” the NC-based lawyers’ group published on their website.
These violations are considered “moving violations” and will assess points against the driver’s license.
▪ For a first offense: The driver might face a license revocation with a maximum of 20 days in jail.
▪ For a second offense: A required six-month revocation will be issued, and they might be subject to 60 days in jail.
▪ For a third (or more) offense: The punishment can be further compounded to lose their license for a minimum of one year.
Source: ashevilleduiguy.com
This story was originally published August 17, 2023 at 11:55 AM with the headline "Can NC passengers drink a beer (or any booze) while someone else drives? Here’s the law."
