Open Container Law
According to Tennessee law, an open container is defined by “any container containing alcoholic beverages or beer, [that] the contents of which are immediately capable of being consumed or the seal of which has been broken.” Unlike a driving under the influence (DUI) charge, the driver does not have to be under the influence of alcohol, but must merely be in possession of or consuming an alcoholic beverage in an operating motor vehicle. The law also states that possession does not include beverages that are in the possession of any passenger, located in a closed glove compartment, truck or other nonpassenger area of the vehicle.
Although the open container law was designed to prevent the same outcome as a DUI charge, violating Tennessee’s open container law is a Class C misdemeanor and is only punishable by fine. If you are pulled over by a law enforcement officer and accused of violating the Tennessee’s open container law, you are only to be arrested if you refuse to sign and accept the citation. Signing a citation is not an admission of guilt, a signature just promises the state of Tennessee that you will appear in court regarding the citation or pay the fee for the citation.
Consulting a knowledgably Murfreesboro DUI attorney on any DUI related case is always a smart move. A DUI defense lawyer from Wilson & Bradley will be happy to consult with you at no charge to discuss the details of your open container charge. With over 20 years of experience practicing DUI law in Murfreesboro, they have experience with open container cases and can advise you on the best steps to take to avoid a negative outcome.
DUI Defense Attorney in Murfreesboro
Even though an open container conviction is only a misdemeanor charge, having it on your record can be very harmful. Tennessee passed new DUI laws in January of 2011, which state that if a driver has previously received an open container conviction, and he or she is arrested for driving under the influence (DUI) and refuses a chemical test, also known as a blood alcohol concentration (BAC) test, he or she may face an extra consecutive year of license suspension.
An experienced Murfreesboro DUI defense attorney knows how to cast doubt upon an open container accusation and possibly even get your case dismissed so that it does not appear on your record. At Wilson & Bradley, our attorneys have tackled multiple open container cases and can help you receive the best possible outcome of your case. Wilson & Bradley DUI attorneys want to make sure that your rights are protected. If you or a friend has been charged with violation of Tennessee’s open container law, call your Murfreesboro DUI defense attorney today from Wilson & Bradley. With a solid track record of cases won in Murfreesboro, you know that by hiring a Wilson & Bradley DUI defense attorney you are taking a step toward a brighter future.
Contact a Murfreesboro DUI Defense Attorney from Wilson & Bradley at (615) 895-0030 to protect your rights and take the right approach of defense for your open container charge.
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