Nashville DUI | Nashville Passenger Open Beer

Nashville Passenger Open Beer

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Often I am asked this question, “Can a passenger have an open beer in the car while riding with someone driving down the street?” The simple answer in Tennessee is yes, now there are some important things one must remember.

While the answer is yes, it comes with many important things to remember. You should never have more than one beer open in an automobile, if there is only you and the driver, it could easily be inferred that both of you were drinking if there are two beers open and only two people in the car. It is illegal in Tennessee for someone to both drink and drive, even if they are no under the influence.

One beer is certainly legal as stated above, however if there are empty cans in the car and you have an open beer, but the driver does not, it might be inferred that the empty beers could belong to the driver, so again having one beer open is legal, but having more than one, empty or not could result in  inferences that might require an attorney.

While it is legal to drink a beer as a passenger in a car in Tennessee, it could easily result in being pulled over. Should you need assistance with an alcohol related matter please feel free to phone the office Monday through Saturday.

Daniel L. McMurtry, Esq.

Daniel L. McMurtry

42 Rutledge Street
Nashville, Tennessee
37210-2043
Phone: 615-308-2633
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