Can a person be charged with a DUI if they are found to be in possession of an open container of alcohol?
In the state of New York, it is illegal for any person to operate a motor vehicle while under the influence of alcohol or any other intoxicating substances. It is also illegal to be in possession of an open container of alcohol in a motor vehicle. If a person is found to be in possession of an open container of alcohol in their vehicle, they could be charged with a DUI. According to New York State law, a person can be charged with a DUI if they are found to be in possession of an open container of an alcoholic beverage while operating a motor vehicle or otherwise in their physical control. This includes passengers in the vehicle as well, and any passenger found to be in possession of an open container of alcohol can also be charged with a DUI. It is important to note that it is also illegal for any drivers or passengers to consume alcoholic beverages from open containers in motor vehicles. Therefore, even if a person is not driving, they can still face a DUI charge if they are found to be in possession of an open container of alcohol. Ultimately, if a person is found to be in possession of an open container of alcohol in any motor vehicle, they can be charged with a DUI in the state of New York. This is an important law to remember to ensure each person is safe and responsible when behind the wheel.
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