Drinking While Driving Isn’t Illegal in All States

Drinking While Driving Isn’t Illegal in All States

Undoubtedly driving while under the influence is illegal in all states, but oddly enough, not every state has a law that prohibits drinking while driving.

And we’re not just talking about the large Coke you just got from McDonalds. Six states actually have no laws when it comes to an open alcoholic beverage in the vehicle, while others seem to have a ‘grey area’ for passengers. West Virginia, Connecticut, Delaware, Missouri, Arkansas, and Mississippi all have lack these state laws, so technically it’s not illegal to drink while you drive.

Alaska and Wyoming on the other hand have laws prohibiting driving with an open container in the vehicle, but having one open while a vehicle is parked apparently is allowed. Tennessee and Virginia are stern about the driver not consuming any alcoholic beverage in the vehicle, but makes no mention about the passengers in the vehicle. And lastly there’s Louisiana, that has a very strange one indeed. Popularly known as the ‘daiquiri exemption’, the state “does not consider a frozen alcoholic beverage to be an open container unless the lid is removed, a straw protrudes, or the contents have been consumed”. Makes sense right? Well if the container doesn’t look like it contains alcohol, like a Starbucks coffee cup, it’s not probable cause for the cops to stop you.

As strange as it all sounds, it’s probably still not a good idea to test the limits of these laws in those states.

[Source: Car and Driver]

  • His speeds were then measured, and the speed limits were based on that
    test, which is a very different process than what normally goes into
    deciding the speed limits on public roads.

  • Orillion

    Delaware requires that the driver not be drinking. Anyone else in the car can, and you don’t have to transport opened bottles in your trunk, like in some states.

  • Randy

    I want to shotgun while riding shotgun.