Question: What is the deal with the Open Container law? Can a passenger drink beer in a moving vehicle. We think they should be able to.
Answer: AS 28.35.029, No, a person may not operate a vehicle when there is an open container of an alcoholic beverage in the passenger compartment of the vehicle. Open means the seal has been broken. Though it may seem like it would be ok for the passenger to drink, you must realize how easy it would be for a driver to drink and if stopped, hand the container to the passenger, making it almost impossible to enforce. The law provides several exceptions like carrying alcohol in the trunk, or in a hatchback when the open container is enclosed in another container and placed behind the last seat. Go online to see the complete statute and exceptions.
Citations for this offense will cost $210.00 and 2 license points.
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