Can I get a DUI if I have an open bottle?
Minneapolis DUI/DWI lawyer David Valentini explains that someone can be cited for DUI if they have an open bottle in their vehicle.
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There are variables in that scenario determining whether or not you could be cited for an open container. If you have the open container inside the vehicle, you could be cited for an open container. So the better scenario would be to put it in the trunk.
But there are certain vehicles, say for example a pickup truck, where in the middle of winter it may not be the smartest idea to put an expensive bottle of wine out in the back of your cab. So clearly put it behind the seat so it’s difficult to reach while you’re driving.
But I would exercise discretion to keep it away from the interior compartment of the vehicle just to be safe. If there’s no trunk, that’s probably the best you can do. If you can put it into a separate container like a cooler, giving it even some more separation, that would be a good idea as well.