- There’s an open container within the passenger area of the vehicle,
- The beverage has been partially consumed, and
- There is anything about the driver (such as smell of alcohol on their breath, their appearance) that is associated with drinking an alcoholic beverage.
Pass the … DUI?
Virginia’s open container law isn’t a safeguard if you have alcohol in a vehicle
By Judy Malmon
Technically, it’s not a violation of this statute for passengers to have an open container and drink, but it presents a lot of risk for the driver.