Is it legal to drink alcohol while driving an automobile? What about having an open container in the vehicle?
No, it is a Class C Misdemeanor for a driver to have an open container of alcohol in his or her personal possession while operating a motor vehicle. It is also illegal for any passenger to have an open container of alcohol in their possession. However, if you are the passenger in a taxicab, limousine, bus, or in the living quarters of a mobile home, you can legally consume alcohol while being driven around. If you go to a party and take a bottle of wine, beer or liquor, and leave the party with them you can be ticketed for possessing an open container of alcohol. In order to legitimately carry a bottle of wine, beer or liquor, the seal must not be broken. If the seal is broken, the only other legitimate way to carry the bottle is put in the trunk of your car, or if you are in a truck or SUV, then it must go behind the last row of seats. However, my advice is to leave the alcohol at the party when you leave.
