Am I allowed to have a beer in a parked car?

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Am I allowed to have a beer in a parked car?

If the car is parked, am I allowed to drink alcohol in it?

Asked on September 7, 2017 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it's not legal. You can be drunk in a parked car, so long as you did not evidently drive it drunk to get there, but you can't actually *drink* in the car. Your state (and every other state of which I am aware) has an "open container" law which states you may not have an open container of an alcoholic drink in any part of the car but the trunk--and you can't drink unless the container is open.


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