Legal Question in Criminal Law in Tennessee

open container

In Tennessee may a passenger drink alcohol while the driver (who has not been drinking) operates the vehicle?


Asked on 12/23/98, 8:57 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: open container

While a passenger CAN drink alcohol while the driver is operating the vehicle and NOT drinking, doing so is quite foolish since it encourages police officers to stop the vehicle to SEE if the driver was drinking, and to llok for anything else them might find, and since it also is likely to result in officers frequently charging the driver with violating the open container law and forcing the passenger and driver to go to court to persuade a judge or jury the alcohol was not the driver's.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


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Answered on 1/25/99, 12:47 am


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