Understanding Minnesota's Open Bottle Law
Minnesota has established clear regulations regarding open containers of alcohol in vehicles, similar to many other states. While some states lack open container laws altogether, Minnesota enforces restrictions without imposing the harshest penalties. It’s important to note that, although a driver may worry about a DWI charge due to the presence of alcohol, an open container violation does not count as a DWI if the driver’s blood alcohol content (BAC) is below the legal limit. If the driver is intoxicated and has an open container, they will face two charges: a DWI and an open container violation. If you are facing charges, reach out to Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.
“The police will sometimes start a DWI investigation because they see an open bottle.”
Key Aspects of Minnesota’s Open Bottle Law
Definition of Alcohol: The law encompasses a range of alcoholic beverages, including beer, wine, malt liquor, and hard spirits. Possession of any open container of these drinks in a vehicle is prohibited.
Vehicle Restrictions:
The open bottle law applies to cars, motorcycles, and off-road vehicles operated on public roads.
Notably, boats are exempt from this law, along with certain vehicles like limousines, buses, and pedal pubs. However, this exemption only applies to passengers; drivers in these vehicles cannot possess open containers.
Importantly, the law remains enforceable even if the vehicle is parked. For instance, consuming alcohol in your car parked on the street can still lead to a violation.
Types of Possession:
Actual Possession: This is when the open container is physically held by a person (e.g., in their hand or pocket).
Constructive Possession: This broader category typically applies to drivers. It includes open containers located in areas commonly accessed by passengers, such as seats, under seats, glove compartments, or cup holders. The safest method for transporting open containers is placing them in the trunk of the vehicle.
Penalties for Open Container Violations in Minnesota
Although not as severe as those associated with DWI offenses, the penalties for an open container violation can still have significant consequences.
Classification: Possessing an open container of alcohol in a vehicle on a public road is classified as a misdemeanor.
Potential Penalties: This can lead to a maximum of 90 days in jail and/or a maximum fine of $1,000. Additionally, the driver is held strictly liable, meaning they can be penalized even if the open container is possessed by a passenger.
Impact on Driving Privileges:
For adult drivers, an open container charge will not affect their driver’s license.
However, drivers under the age of 21 found guilty of this violation will lose their driver’s license and must reapply after one year.
“Its important to remember that an open bottle of alcohol isn’t simply a traffic ticket. Its a crime and they can put you in jail for it.”
If you are facing charges related to an open bottle, DWI, or any other criminal matter in the Twin Cities, don’t hesitate to contact Jack Rice Defense at 651-447-7650 or 612-227-1339. When your driver’s license, job, family, and future are on the line, having Jack Rice Defense by your side can make all the difference.