An underage student asked me if she could get in trouble for driving sober with a passenger, also underage, with an open container of alcohol.  Ideally only the individual who is in possession of the open container should have exposure. However, the officer is the one who would be “exercising his/her discretion.”. Often times the driver of the vehicle takes a hit for what is found in his/ her vehicle. For example, if an open container is found in a vehicle with multiple passengers, the person closest and/ or the driver will potentially get cited. If no one takes responsibility, the officer chooses who to cite. That could be the driver, the passenger(s) and/ or  some combination thereof. There are a lot of variables. Hands down, it is a very dangerous situation–especially in light of the fact that the threshold for an underage OVI is .02 BAC. If there is so much as a whiff of alcohol on the driver, he/she had some serious problems. This situation should be avoided at all costs. The facts of any given circumstance could make for a tryable case, but that does not mean that the driver will avoid arrest. Alcohol, teens and cars make a very bad combination. It is not looked upon favorably by police officers, prosecutors  or judges.

The Bottom Line:  Don’t do it.  Don’t let your passengers do it.  Be careful.  Teens will make mistakes and youthful indiscretion should not be allowed to haunt them for the rest of their lives, so if you, or a friend get in trouble, I can help.  Put my number in your cell phone:            513 260-2099

 

The thrust of the post should be DON’T DO IT.