Open Container Law in Tennessee
While not technically part of the DUI framework in Tennessee law, the open container law is a criminal offense that is often charged in conjunction with a charge of driving under the influence. The statute itself is pretty straightforward in that it simply prohibits drivers in Tennessee from consuming an alcoholic beverage or beer, or possessing an open container of alcoholic beverage or beer, while operating a motor vehicle in the State of Tennessee.
The terms contained within the statute, however, warrant some examination. An “open container” is basically defined as any kind of container that contains any of the beverages prohibited by the statute if that container allows its contents to be consumed immediately or if the seal is broken. Basically, any bottle or can containing an alcoholic beverage will qualify as an open container if it is, in fact, open. Containers like cups will usually be considered “open” because their contents can be immediately consumed under normal circumstances.
It is also extremely important to note how the statute defines “possession” of an open container by a driver. Under Tennessee’s statute, an open container will only be considered to be in possession of a driver if it is not in possession of a passenger and is not located in a closed glove compartment, trunk, or other passenger area of a vehicle. This means that the driver should not be charged under the open container statute based solely on the fact that the passenger is in possession of an open container. However, this law explicitly authorizes cities and counties in Tennessee to criminalize the possession of an open container by the passenger as well, and many have done so.
A violation of this statute is a Class C misdemeanor, which is usually punishable by up to thirty days in jail. The good news for defendants, however, is that the statute provides that this offense is only punishable by a citation and fine as long as the offender accepts the citation. However, violating this statute can prove disastrous for drivers because it can give a police officer reason to approach your vehicle and possibly allow that person to discover that the driver of the vehicle is driving under the influence. When this occurs, the defender is subjected to much stiffer penalties and potential jail time. Persons facing such charges should consult an East Tennessee Criminal Defense Attorney for assistance in resolving the case in a favorable manner.
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