Michael J. Thompson, Attorney at Law

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Open containers of alcohol are almost always illegal in Kentucky

Hanging out with friends can sometimes involve alcohol. There are several things that you have to remember if you're doing this. First, anyone consuming alcohol must be at least 21 years old. Second, you should never drive after you've had alcohol. Third, nobody should ever have an open container of alcohol in a moving vehicle.

Kentucky law doesn't allow any occupant of a vehicle to have an open container. Even if the driver doesn't consume any, it is still against the law to have an open bottle, can or cup of booze in a vehicle. If you're pulled over and there is an open container, you'll likely have to take a chemical test, so the officer can determine whether you're impaired or not.

There is only one exception to this law. A person can have an open container in a taxi, recreational vehicle, motor home or limousine if the vehicle is used primarily for services in exchange for compensation. The open container must be in the possession of a passenger and being consumed only by a passenger.

People who go out to a restaurant and consume wine might want to bring the remainder of the bottle they were drinking home. This is only possible if the bottle is sealed in a bag that makes it obvious if it is tampered with or opened. The person must be given a dated receipt that shows they purchased the bottle.

Drivers shouldn't ever have possession of the alcohol in the vehicle. There are considerable penalties that you might face if you're caught with an open container in a vehicle.

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Michael J. Thompson, Attorney at Law

16360 Fort Campbell Blvd.
Oak Grove, KY 42262
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Phone: 270-605-0441
Toll Free: 866-397-7788
Fax: 270-439-1177

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