Florida's open container laws prohibit drivers and passengers from having alcohol open and available in their vehicles. Drivers can be fined for an open container violation if they have the container with them or within reach. But even if only the passenger is in possession of an open container, both the driver and the offending passenger can be cited for a violation. In any case, the blood alcohol concentration (BAC) of an offending passenger is irrelevant.
We have reviewed the available information and found that Indiana, along with several surrounding states, allows alcohol consumption in a chauffeur-driven vehicle as compensation, as long as the alcoholic beverages remain outside the driver's area and remain in the back seat. People break this law if they drive a motor vehicle, or travel as passengers in one, and drink alcohol or smoke marijuana or any marijuana product. For residents of New South Wales, South Australia and Victoria there are no laws or explicit mentions in the law that it is illegal to have an open container of alcohol in their car, meaning that passengers should be able to drink alcohol while another person is driving (within reason). If you are arrested for driving under the influence of alcohol, or simply having a drink while driving a shotgun, it's usually a good idea to talk to a local DUI lawyer.
Keep in mind that Uber and Lyft drivers don't have a commercial driver's license, so a passenger would violate open container laws if they drink on one of these services. Penalties could increase from there if, in fact, you've been drinking with your friends and it turns out that you're a disabled driver. The French Quarter, famous for its frozen cocktail vendors, allows both drivers and passengers to have open containers of alcohol in vehicles, as long as the driver is not drinking. If you drive while drinking an alcoholic beverage, you are in violation of the open container law, but you may also be in violation of the OVI law if your blood alcohol content exceeds the legal limit.
Information on Drinking in a Car in California Technically, it's illegal to drink and drive in California. Most states' open container laws prohibit drivers and passengers from drinking alcohol or having an open container of alcohol in a vehicle. Mississippi is the most permissive, even allowing drivers to drink while staying below the legal BAC limit. Alcohol in vehicles can be a problem if you don't discuss it with the customer and, in those cases, train your driver to be very diplomatic with your customers.
The only exception to open transportation laws in Michigan is if you have a license to drive a limousine, entertainment bus, or similar chartered commercial vehicle in which your passengers can legally drink. While driving over the limit is incredibly dangerous and against the law, it's not illegal to drink alcohol behind the wheel, so by default it's not illegal to have open alcohol containers in your car.
