Legal Question in Criminal Law in California

My roommates often bring open alcohol into the car when we drive out to the bar together. I would never ever touch alcohol in the car, however, I am always worried about getting pulled over and the implication it would have on me. I think the officer would be sure I am a part of the in-car drinking activity (I would too if I were in his position), but I know that I would never drink in the car. However, I would have been drinking before we all got in the car, so I would exhibit the effects of intoxication. What could happen to me? Could I be charged with anything that would show up on my criminal record?


Asked on 7/26/09, 3:49 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Try DUI. Criminal records are a bitch to prevent and harder to get rid of. You have every right to demand that your friends lose the open containers before they get in the car. And if you plan on driving after drinking, this is obviously a bad idea, but if you do you need to learn how to handle cops.

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Answered on 7/26/09, 3:52 am


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