Walk It Through: The Road Trip
Every occupant front and back, an open bottle and alcohol in the driver, and a revoked license.
A teenage nephew and an adult friend climb into the back seat and leave their belts off.
Two things a person in this spot might do. Picking one shows what the law says about it.
One trip with a car full of friends. The medical and delivery exemptions, motor homes and house trailers, and alcohol monitoring on probation are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Implied consentThe rule that anyone who drives on a highway or public vehicular area has consented to a chemical analysis if charged with an implied consent offense. A refusal revokes the license for one year.
- Open containerAn alcoholic beverage in the passenger area in anything other than the unopened original container. For the driver it is a crime only together with drinking or alcohol remaining in the body.
- Impaired drivingDriving while under the influence of an impairing substance, after consuming enough alcohol to have a concentration of 0.08 or more, or with any amount of a Schedule I controlled substance in the blood or urine.