What is the Open Container Law in the State of Tennessee?
What is the Open Container law in Tennessee?
The state of Tennessee began considering the introduction of Open Container Laws back in 1978, primarily due to the high levels of alcohol-related traffic fatalities, and has consistently attempted to reduce the statistics through a series of statewide laws and initiatives. By 2002, the state had begun allowing communities to implement their own open container laws. Within the state of Tennessee, six counties as well as 12 municipalities have passed such ordinances, although they can be null and void if:
- The county or municipality has less than 5 , 000 residents.
- The county or municipality has more than one open container law within a 10-mile radius.
- The Open Container Law would otherwise be a duplicate of another law.
Tennessee’s Open Container Law helps to regulate the behavior of those who are behind the wheel of a car and may have been drinking. In order to help the police further determine who or what may be at fault when an accident with injuries or a death occurs, it regulates the number of containers in the car that hold liquid and whether or not the containers are open. Because open alcoholic beverage containers are considered criminal evidence, the police are allowed to take those containers into evidence. They may also arrest any guests who have been drinking, even if they are not driving the vehicle that is involved in the accident.
TN Open Container Law: Key Components
In order to avoid being charged with a violation of the Open Container Law in Tennessee, it is important to determine what the Tennessee code states. Under the Tennessee Open Container Law, it is a violation if:
What constitutes "passenger seating area";
What constitutes an "alcoholic beverage";
What is considered "open container";
What are exemptions to the Open Container Law?
What constitutes a "passenger seating area"?
Tennessee’s code defines "passenger seating area" as a distinct area designed to seat the driver of a motor vehicle and any passengers. In Tennessee, a vehicle with two or more licenses plates need both plates to be in good standing to be compliant with the Open Container Law.
What constitutes an "alcoholic beverage"?
The definition of "alcoholic beverage" under the Open Container Law consists of the definition of alcohol under Tennessee’s Alcoholic Beverages Law. This is Tenn. Code Ann. sec. 57-3-101.
In short, "alcohol" is a liquid or solid with a certain taste, smell, color, or feel that contains ethanol, methanol, or other forms of distilled spirits, which is intoxicating.
What constitutes an "open container"?
Tennessee code reads, "[o]pen container" means a bottle, can, or other receptacle that is designed to contain an alcoholic beverage and is open or has a broken or missing seal or which the contents are partially removed. It also includes containers with a lid or cap that is partially removed or has a puncture made by a tool.
What are exemptions to the Open Container Law?
The Open Container Law does not apply to a passenger in a bus or taxicab or a golf cart.
Potential Penalties for Open Container Violation
If you are facing an Open Container law violation in Tennessee, you could be facing a fine of $10-$50, a maximum jail sentence of up to 30 days, or both, in addition to any other penalties that may apply. While a first offense is charged as a Class C misdemeanor, second and third offenses come with harsher penalties. The law is meant to deter people from consuming alcohol in public and driving under its influence.
Even though Tennessee has less harsh penalties than in some states like Virginia, where an open container violation can bring a $2,500 fine and/or a year in jail, it is still considered a serious crime. Depending upon your situation, an open container law violation can preclude your licensure in certain professions or even make you ineligible to receive federal student aid.
The best way to avoid a conviction and associated penalties is to engage the services of an experienced lawyer.
Exceptions to TN Open Container Law
Limitations of the Rule/Exceptions to the Rule
As in other states, there are certain instances where the open container law does not apply. For example, some vehicles are exempt from the open container rule. In Tennessee, open containers are not prohibited under the law in the following types of vehicles: Drivers may also transport an open bottle of alcohol as long as they meet the following two conditions: In addition , open containers are not prohibited in the following locations: It is important to note that the rules detailed above are for the state of Tennessee’s open container law. Local ordinances sometimes govern whether or not these exceptions apply. So, in order to be certain of whether you can have an open bottle of alcohol in a specific area, you should contact the officials responsible for that area to verify the rules regarding the open container law there.
Open Container Violations and Your Driving Record and Insurance
While an open container of alcohol in the car is largely a civil offense under Tennessee law, there are some potential ramifications to keep in mind. While you will not face points on your license and will not see your insurance rates increase as you would for a moving violation, there are still some consequences for being charged with a Tennessee open container violation.
The police can (and often do) document an open container violation on a citation or criminal complaint that goes on your criminal record at the time of the traffic stop. Criminal record entries remain on your record, even if you’re not ultimately charged with the offense. Open container violations will show up on your public criminal record, unless and until the case is dismissed, found not guilty, or expunged. Consequently, the violation could show up on a criminal background check and deter employers from hiring you. Even if the open container violation does not result in an arrest for DUI or another crime, it is still a public violation that could impact your reputation.
For similar public policy reasons, the Courts do treat open container violations seriously and impose large fines and court costs to discourage people from violating the law. Most courts will simply impose the minimum fine on the first offense; however, repeat offenders will pay much more – often around $550.
Preventative Tips and Best Practices
The most effective way to avoid involvement in violations of Tennessee’s Open Container Law is to minimize or eliminate the presence of any open containers of liquor, wine, beer, or other alcoholic beverages in your vehicle. Additionally, you should learn creative alternatives to drinking alcohol on the road if you and your friends plan a night out on the town. By avoiding otherwise legal open containers of alcohol in your car and knowing about alternative ways to get home, you can easily avoid penalization for violating this law.
As a driver, you must use safe storage methods to avoid violations of the Open Container Law. Always ensure that any open liquor or wine bottles and any glasses of alcoholic beverages are out of the reach of any passengers who are not or who have not recently been licensed to drink alcohol. Any drinks remaining open should be stored in the immediate luggage area of your car before it leaves your driveway.
Still , it is better if you do not even allow any open alcohol containers to leave your home. When you are going to be drinking anywhere away from the company of people you know to be responsible for the consumption of alcohol, you should either bring a designated driver along who will not be drinking or you should arrange to take public transportation to transport home following your night out.
Even if you find yourself with some open alcohol in your car on a night out or at another time, you should always remember that the law states that only a passenger who is of the legal age to drink should have use of open alcohol in a vehicle. Therefore, if you are the person with the open container in your hand, try to pass it off to one of your legal-age friends in the vehicle who is not the driver of your car.
Tennessee’s Open Container Law is meant to protect drivers, passengers, and even pedestrians by minimizing the chance that someone under the influence of alcohol will operate a motor vehicle while in the presence of otherwise legal open alcohol containers. Abide by the law and you, your passengers, and everyone in your area will be safer as a result.