Virginia does not prohibit passengers in motor vehicles from having open containers of alcohol with them in the car. Even so, you still need to look at Virginia’s open alcohol container laws. If you have any questions related to the state’s open container laws or if you have been pulled over for a DUI offense, you need to consult with a DUI attorney.
The Federal Law’s Stance on Open Alcohol Container Laws
The Federal government allows states to create and implement their own open alcohol container laws. If the state complies with Federal law (§ 23 U.S.C. 154 (TEA-21)), they will provide the state with monetarily rewards.
To comply with the TEA-21 law, states must do the following:
·Prohibit passengers of motor vehicles from having an open alcohol container with them in the car
·Prohibit passengers from drinking alcohol in the car
·Prohibit having open alcohol containers in the passenger’s area, including the unlocked glove compartment, as it makes it easier for the driver to access it
·Prohibit having an open alcohol container with no less than 1/2 of one percent of alcohol in it
·Prohibit having an open alcohol container in any car on the public highways, including shoulders
Virginia is one out of the seven states that does not comply with the federal government’s open alcohol container law. The states that do not comply with it do not receive part of the federal aid highway construction funds.
Virginia’s Stance on Open Alcohol Container Laws
The Virginia General Assembly has been active in their efforts to codify provision against having open alcohol containers in cars and has been at it for several years. Every bill put forth does not pass the Committee for Courts of Justice.
If the bills would have passed, it would make the possession of an open alcohol container in a car punishable by punishing the driver with a $25 fine.
What Does the Present Virginia Statute State?
The present Virginia’s statute states that drinking while driving and possessing an open alcohol container while driving a car can result in an arrest. If it appears that the driver appears intoxicated due to the evidence present in the car along with their mannerism, they can also get charged.
Even though the state does not prohibit having an open alcohol container in the car, it does create rebuttal presumption, which means the driver may be under the influence of alcohol. In that case, you should consult with a DWI lawyer.
If you have been charged with a DUI and need an experienced and qualified DUI attorney to make your case on your behalf to the court, you need get in touch with us to set up a consultation.
