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It has always been my understanding that it is illegal under all circumstances to have an open container in state of Tennessee. I was reading up on open container laws in Tennessee and found this on Wikipedia:
As of November, 2007, only one state (Mississippi) allows drivers to consume alcohol while driving (as long as the driver stays below the 0.08% blood alcohol content limit for drunk driving), and only eight states (Arkansas, Connecticut, Delaware, Mississippi, Missouri, Tennessee, Virginia, and West Virginia) allow passengers to consume alcohol while the vehicle is in motion. Still, local laws in these states may limit open containers in vehicles, although those local laws do not impact the state's compliance or noncompliance with TEA-21.
^^and WV too....Ive had friends get open container tickets in WV.
Still, local laws in these states may limit open containers in vehicles, although those local laws do not impact the state's compliance or noncompliance with TEA-21.
This might be the argument on that but I cant see any state allowing open containers
It is legal under TN State law to have an open container but almost every county and city make it illegal so do not do it.
They try and pass an open container law statewide every year , 2009 included, but it always fails. Too many wealthy people like to drink on the way to UT game in vans and limos.
Still, as I said, I know of no area in TN where it has not been made illegal by local ordinance.
Last Edit: May 27, 2009 10:44:54 GMT -5 by troo - Back to Top
Wow - actually - after I went and looked - it seems we don't have any open container law - I wonder if mayber it goes on a municipality basis - in other words - the city governments enforce their own open container laws because I know tickets are given for it.
Post by Lawn Gnome on May 27, 2009 10:41:36 GMT -5
Most counties have outlawed this practice. I believe a Highway Patrol officer, enforcing only state laws, would not hassle passengers. However, you would get a ticket if a county officer pulled you over. Also, an open container in the vehicle, even if not technically illegal, seems like an open invitation for a vehicle search...
Just wait till you get to the Farm. You can drink beer non-stop for four days once you get there. Don't be an idiot and get arrested or ticketed for something stupid.
Most counties have outlawed this practice. I believe a Highway Patrol officer, enforcing only state laws, would not hassle passengers. However, you would get a ticket if a county officer pulled you over. Also, an open container in the vehicle, even if not technically illegal, seems like an open invitation for a vehicle search...
Don't bet on THP not hassling you. If you have an open container in the car you will be ticketed , searched and likely arrested.
It has always been my understanding that it is illegal under all circumstances to have an open container in state of Tennessee. I was reading up on open container laws in Tennessee and found this on Wikipedia:
As of November, 2007, only one state (Mississippi) allows drivers to consume alcohol while driving (as long as the driver stays below the 0.08% blood alcohol content limit for drunk driving), and only eight states (Arkansas, Connecticut, Delaware, Mississippi, Missouri, Tennessee, Virginia, and West Virginia) allow passengers to consume alcohol while the vehicle is in motion. Still, local laws in these states may limit open containers in vehicles, although those local laws do not impact the state's compliance or noncompliance with TEA-21.
After reading this article it seems that it is perfectly legal for the passenger to have an open container. Did I read this right?
I would definitely not go to Wikipedia for answers that, if wrong, could land you in jail and miss Roo altogether. Anyone can go on Wikipedia and write anything about a topic. You should research it on TN.gov or somewhere more repetable when you need factual information. Not only do you need to know the laws on the federal side, you also need to know state, county, and city laws, as in most cases they do not totally match. For example, in California its legal to have medical marijuana cards and distribution centers...but its illegal under federal laws and the DEA can swoop in and raid anytime.
Here's the current law (TCA 55-10-416) It only prohibits drivers from possessing open containers. The full open contanier law failed to pass again this March.
BUT remember what I said, EVERY county and city makes it illegal and THP can and does enforce these laws.
Open container law. 55-10-416 55-10-416. (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.
(2) For a violation of this section, a law enforcement officer shall issue a citation in lieu of continued custody, unless the offender refuses to sign and accept the citation, as provided in § 40-7-118.
(c) The provisions of this section shall not be construed to prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting the passengers in a motor vehicle from consuming or possessing an alcoholic beverage or beer in an open container during the operation of such vehicle by its driver, or be construed to limit the penalties authorized by law for violation of such an ordinance or resolution. [Acts 1994, ch. 638, § 1.]
my buddy last year had a beer in the car, just because he "could".
but yeah, legal or not - if you can't hold off on a beer until you get to where you are going - that has to be some kind of sign to the THP that they would have a fruitful search of your car.
but yeah, legal or not - if you can't hold off on a beer until you get to where you are going - that has to be some kind of sign to the THP that they would have a fruitful search of your car.
Couldn't agree more. Just don't be a bonehead and use your better sense.... plenty of time to booze all weekend long...
Yea but its kind of nice to pregame before Phish in Knoxville. I'm not worried about searches because I dont drive with anything illegal. Why would I take cheeseburgers with me to McDonalds?
Each of the last two years we cracked the first beers while in line. Both years line traffic was directed by police along the highway. Those guys are not going to bust you for drinking while in line. This year we won't even have the temptation. We will just be stumbling out of bed when we get in line. I found a cheap motel in Murfreesboro. WOOOHOO!!
"alcoholic beverage or beer" - I find it funny that Tennessee does not understand the redundancy of this statement.
If you can't do without your booze until you arrive, you already know you have a problem. Worrying about getting caught is just delaying inevitable doom.
"alcoholic beverage or beer" - I find it funny that Tennessee does not understand the redundancy of this statement.
Actually TN law clearly distiquishes between alcoholic beverages and beer so that stores cannot sell wine or liquor and liquor stores cannot sell beer (or soft drinks, snacks or anything else but liquor.)
Kind of inconvenient to have to stop at 2 stores if you want liquor and chaser but that's TN law.
and only eight states (Arkansas, Connecticut, Delaware, Mississippi, Missouri, Tennessee, Virginia, and West Virginia) allow passengers to consume alcohol while the vehicle is in motion. Still, local laws in these states may limit open containers in vehicles, although those local laws do not impact the state's compliance or noncompliance with TEA-21.
I'm from arkansas. Got a drinking on the highway ticket when stopped at a road block. I was the passenger. That law has some technicalities to it.....that or i just got screwed by the cops...and i wouldn't put it past them. Be careful heading to waka next week......
Last Edit: May 27, 2009 18:11:58 GMT -5 by Deleted - Back to Top
As for RV's, if the driver has access the the alcohol, it violates the open container law. Usually in an RV if the alcohol is unopened they will not object but the letter of the law for most local ordinances makes having it illegal.
And mattseven - my point is that under the law they must list both (beer/alcohol) to make both illegal as they are legally defined separately. I agree it is a bit silly but the minutiae of the law can be silly
Last Edit: May 27, 2009 18:13:56 GMT -5 by troo - Back to Top
Post by candyflippedaround on May 27, 2009 19:43:51 GMT -5
there was an RV in front of us last year with some kids i would guess around my age. while waiting in line they would jump out of the RV to funnel beers haha.
