Legal Question in DUI Law in California
open bottle while in my car
is it possible to revoke my liscense from me when i had an open cotainer of beer in my car but was not driving or even intending to drive
2 Answers from Attorneys
Re: open bottle while in my car
If you're under 21 and in a car, whether it was yours or not, and whether or not you were in the drivers seat, you could face a license suspension if you're convicted or plead guilty or no contest. The vehicle codes are numerous and unforgiving. You may be able to obtain a restricted license if you meet the criteria. The same applies if you were over 21 and convicted. Good luck.
Re: open bottle while in my car
In a word, no. But were you CHARGED with DUI? An element to DUI is the "D." But they can attempt to prove driving by circumstantial evidence. DUI's result in the loss of your driving privilege; open containers do not, except under related circumstances (ie., negligent operator suspensions). If all you got was a ticket, I wouldn't worry, unless you have other points on your record. If you have been charged with a misdemeanor, you should consult a lawyer.
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