A majority of the United States implements and enforces open container laws that prohibit the possession of an open container of alcohol in public and/or in a motor vehicle. More often than not, an individual walking down the street with an open container of beer or other form of alcohol will not be arrested and charged with having an open container. However, when the open container is related to a motor vehicle in some way, such as a passenger holding an open container of alcohol while another person is driving, it is quite possible that you may be facing other alcohol-related charges, such as driving under the influence (DUI) if you are ultimately pulled over and undergo a Breathalyzer test.
How an Open Container Can Lead to a DUI Charge
Even though the state of Mississippi does not have a specific open container law that prohibits an individual from having an open container of alcohol in a motor vehicle, it is still possible to be charged with driving under the influence (DUI). This is possible because police officers may pull you over if they have probable cause to believe you have been drinking and driving.
While Mississippi law does not specifically prohibit the consumption of alcohol while operating a motor vehicle, if the blood-alcohol content (BAC) of the driver is .08 or greater, you may be convicted of driving under the influence (DUI). If you are driving a motor vehicle, and a police office is able to clearly see that a passenger has an open container of alcohol (i.e., a bottle of beer or wine clearly seen through the passenger window), then the police officer may have probable cause to believe you, as the driver, have been drinking and driving.
A Breathalyzer test or a blood test will ultimately determine whether or not your BAC level is above the legal limit, however, regardless of what your BAC level is, being pulled over by a police officer is preventable if the police officer has no probable cause to believe you are driving under the influence. No probable cause will exist if the police officer does not visibly see an open container in your vehicle.
The bottom line is that Mississippi is a little more lax when it comes to open containers of alcohol in public and/or in a vehicle. However, even with lax laws, there is still a chance that you may be pulled over and ultimately charged with a DUI or some other alcohol-related charge if you or a passenger has an open container present in your vehicle.
To help prevent a DUI charge, you should take all steps possible to eliminate any reason why a police officer may pull you over – especially in cases where a passenger may be in possession of an open container of alcohol. Whether you have been charged with a DUI or other alcohol-related charge, the sooner you are able to discuss your case with an attorney, the sooner you will be able to fight your criminal charge and put it behind you.
Contact Turk Law Firm, PLLC Today to Schedule Your Free Consultation
While the state of Mississippi does not have a specific open container law that prohibits having an open container of alcohol in public and/or in a vehicle, it is still important to be aware that anytime alcohol is involved in a motor vehicle, you could be facing other potential alcohol-related criminal charges. As such, if you have been charged with a DUI or other criminal charge, it is essential that you speak with a skilled Mississippi DUI and Criminal Defense Attorney right away. Lindsey McGee Turk of Turk Law Firm, PLLC takes pride in helping accused individuals fight a wide variety of criminal charges, especially when it comes to DUIs and other alcohol-related charges. To speak with Lindsey McGee Turk about the criminal charges you are facing, contact Turk Law Firm, PLLC today by calling (601) 214-1471 to schedule your free consultation.
