Legal Question in DUI Law in Minnesota

Re: Minor Consumption and open bottle

Yes you can get a ticket for open bottle even if you are not driving. I have never seen such a ticket show up on someone's driving record, however, so I don't think that it would be recorded there.

Minor consumption doesn't go on your driving record either, and so should not affect your ability to get a license.

You are the second 15 year old I have heard about this week who is getting in trouble with alcohol, and I find this alarming. It is very early for you to be starting with this. I have some clients who have such bad records that they will never be able ever again to get a license to drive. You have to start early and try hard to develop a record like that, and it sounds as if you are on your way.

I recommend that you look into Alateen. For one thing, you might find some friends whose life is not centered around drinking.

Re: Minor Consumption and open bottle

Tkae a look at Minnesota Statutes Section 169A.35. A web search engine should pull it up for you, from the Minnesota Legislature's web site.

Yes, passengers can be charged with an "open bottle" crime if the vehicle is "upon a street or highway" and the "bottle or receptacle" "has been opened, or the seal broken, or the contents of which have been partially removed."

I would encourage you to go to court and fight to keep all of these from becoming criminal "convictions" on your publicly available court record.

By the way, passengers cannot be required to provide a breath sample for an alcohol-breath machine. Only drivers can be required to do so, or arrested pending further investigation if they refuse.