Last Updated on: 22nd November 2023, 12:29 am
Virginia’s open container rule is a well-established example of many misunderstood laws. Without fully comprehending the pros and cons of this law, it is hard to deal with the legal provision. You must know what the law does not prohibit and what it prohibits. Further, there are laws in Virginia that apply to the same conduct, and most individuals run the risk of getting charged with a crime related to alcohol.
If you think that you are engaging in these lawsuits, it is time to grab the help of professionals. Open container laws are different from one country to the other. These statutes grant the passenger the right to consume alcoholic beverages while another person is driving. If you get charged with DUI, it will severely damage your personal and professional life. Most individuals believe the transportation of released alcoholic beverages is legal; however, in most cases, it is not. Based on the facts, you must assess the lawsuit with probable consequences.
Virginia’s open container law
The open container law of Virginia prohibits an individual from consuming alcoholic beverages when they are driving a vehicle. In the first instance, it seems to indicate that if you are not in the driving seat, you are allowed to go for alcoholic beverages. However, you run a risk of being charged with a DUI.
Essential points to keep in mind
The public highway is not the usual highway here that most individuals think. Highway means the width between boundary lines of the state. Thus, you cannot consume alcoholic beverages when on the road.
- It’s expedient to understand that the open container laws in Virginiacreate a presumption that the person has consumed an alcoholic beverage. If you find a used container in the passenger’s area, the alcoholic beverage in the container gets partly removed. The conduct, appearance, speech, and alcohol odor are the physical characteristics that may draw the driver into DUI cases.
- If you go by statute, an open container means a vessel is having an alcoholic beverage, and therefore if it is half-filled, it means you have consumed the other half.
- The scope of the law is vast. Hence, it is significant to understand where you will place the alcoholic beverage in the vehicle. It is vital not to keep the opened beverage container in the car based on statute wording.
- The passenger’s area means the region designed for the driver’s seat and the area within the driver’s reach. Along with this, unlocked compartments also come within the passenger’s area.
- The passenger’s area will not include the trunk of the vehicle area behind the upright seat, etc.
If you are serious about dealing with DUI cases, it is time to grab the help of lawyers. Drink and drive is a case that can have long-term repercussions. It is significant to understand that dealing with these laws single-handed is not an option. You have to draw the help of lawyers who know the best way of dealing with evidence and manipulating the same to your advantage.
