Open Container Law in TN

#2
#2
I've never heard of a state that allows the passenger to drink
 
#6
#6
Yankee_Vol said:
That's crazy
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You should travel to New Orleans some day if you think that is crazy. Drive thru liquor stores, however I think they passed a law in 04 that covered passengers with open containers. Although I never saw it enforced
 
#7
#7
I think you'd be surprised as to the places with no law specifying passengers cant drink. As with CT, though, once someone notices its likely gone.

Even if its legal, you are guaranteed to get the runaround if you're stopped, and maybe spend a night in jail like bearcat did.
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#9
#9
This is absolutely true. TN law is that anyone in a vehicle that is over 21 can be drinking and have an open container as long as the driver is over 21 and is not drinking or have an open contIner within his reach. Been that way for years.
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#11
#11
Here is the actual TN law:

55-10-416.
(a) (1) No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.

(2) For purposes of this section:

(A) "Open container" means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken;

(B) An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or other nonpassenger area of the vehicle; and

(C) A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.

(b) (1) A violation of this section is a Class C misdemeanor, punishable by fine only.

(2) For a violation of this section, a law enforcement officer shall issue a citation in lieu of continued custody, unless the offender refuses to sign and accept the citation, as provided in § 40-7-118.

(c) The provisions of this section shall not be construed to prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting the passengers in a motor vehicle from consuming or possessing an alcoholic beverage or beer in an open container during the operation of such vehicle by its driver, or be construed to limit the penalties authorized by law for violation of such an ordinance or resolution. [Acts 1994, ch. 638, § 1.]
​
 
#12
#12
It's illegal in Alabama I think. I haven't tried it tho
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#14
#14
As of three years ago in Mississippi the driver could drink as long as his BAC was under the limit. Not sure if it has changed since that time or not.

(I was down there for a bachelor party and a couple of my lawyer friends researched this.)
 
#15
#15
BearCat204 said:
You should travel to New Orleans some day if you think that is crazy. Drive thru liquor stores, however I think they passed a law in 04 that covered passengers with open containers. Although I never saw it enforced
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There are drive through liquor stores in some areas of Kentucky.
 
#19
#19
BearCat204 said:
Did not know that. Learn something everyday
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In Christian County, they are the norm. Most will provide you with a cup of ice as well, although they cannot make the drink.

The liquor laws in this state are very different from county to county, though.
 
#20
#20
cotton said:
In Christian County, they are the norm. Most will provide you with a cup of ice as well, although they cannot make the drink.

The liquor laws in this state are very different from county to county, though.
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Thats cool. Actually in addition to drive thru liquor stores, NOLA has drive thru daiquiri places to where they give you a to go cup with the daiquiri and straw ready to drink :) Some things I miss about NOLA
 
#21
#21
cotton said:
There are drive through liquor stores in some areas of Kentucky.
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Every time I go to Lexington I make sure to visit a liquor store for one stop shopping: beer, tobacco, mixers, ice, cups, rolling papers, lottery tickets, etc. Pretty much everything somebody needs to be a degenerate all in one place.
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#22
#22
BearCat204 said:
Thats cool. Actually in addition to drive thru liquor stores, NOLA has drive thru daiquiri places to where they give you a to go cup with the daiquiri and straw ready to drink :) Some things I miss about NOLA
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I remember a drive thru daiquiri place in Savannah.
 
#23
#23
i got a $150.00 ticket in gatlinburg years ago for open container in a vehicle. fun times...
 
#24
#24
rpvol said:
i got a $150.00 ticket in gatlinburg years ago for open container in a vehicle. fun times...
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Not as bad as getting one at Jacksonville Beach for sippin on a unmarked container of brew......on the beach :)
 
#25
#25
doozer said:
Every time I go to Lexington I make sure to visit a liquor store for one stop shopping: beer, tobacco, mixers, ice, cups, rolling papers, lottery tickets, etc. Pretty much everything somebody needs to be a degenerate all in one place.
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I've never understood the Tennessee law of having to sell beer and liquor under different roofs. Has the boilermaker never been introduced to the Volunteer state?

All of your check cashing needs can also be accommodated in our local booze markets.
 
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