# Open Container Law and Empties **URL:** \ **Category:** Factual Questions\ **Created:** [June 10, 2003, 2:14pm UTC](https://boards.straightdope.com/t/open-container-law-and-empties/180860 "2003-06-10T14:14:03Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![daniel801](https://avatars.discourse-cdn.com/v4/letter/d/b2d939/32.png) [@daniel801](https://boards.straightdope.com/u/daniel801)\ **Post date:** [June 10, 2003, 2:14pm UTC](https://boards.straightdope.com/t/open-container-law-and-empties/180860/1 "2003-06-10T14:14:03Z")
Would it be a violation of the Open Container Law to have an _empty_ bottle/can of beer found in your car after being pulled over? ---
**Author:** ![Duke\_of\_Rat](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Duke\_of\_Rat](https://boards.straightdope.com/u/Duke_of_Rat)\ **Post date:** [June 10, 2003, 2:27pm UTC](https://boards.straightdope.com/t/open-container-law-and-empties/180860/2 "2003-06-10T14:27:05Z")
It is in Texas YMMV ---
**Author:** ![Earl\_Snake-Hips\_Tucker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/earl_snake-hips_tucker/32/3269_2.png) [@Earl\_Snake-Hips\_Tucker](https://boards.straightdope.com/u/Earl_Snake-Hips_Tucker)\ **Post date:** [June 10, 2003, 2:44pm UTC](https://boards.straightdope.com/t/open-container-law-and-empties/180860/3 "2003-06-10T14:44:59Z")
In SC, even an empty paper cup that had previously held an alcoholic beverage violates the Open Container Law. ---
**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\ **Post date:** [June 10, 2003, 3:55pm UTC](https://boards.straightdope.com/t/open-container-law-and-empties/180860/4 "2003-06-10T15:55:45Z")
What if you have an empty beer bottle that you’re bringing to be recycled? ---
**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\ **Post date:** [June 10, 2003, 4:09pm UTC](https://boards.straightdope.com/t/open-container-law-and-empties/180860/5 "2003-06-10T16:09:33Z")
In Illinois, the empties have to be in a part of the vehicle that is inaccessible from the passenger area, i.e., the trunk of the car. If you have a hatchback, you are in violation of the law. Unless you have a little mini-trunk thingy that locks. Them’s the rules. ---
**Author:** ![occ](https://avatars.discourse-cdn.com/v4/letter/o/8c91f0/32.png) [@occ](https://boards.straightdope.com/u/occ)\ **Post date:** [June 10, 2003, 5:04pm UTC](https://boards.straightdope.com/t/open-container-law-and-empties/180860/6 "2003-06-10T17:04:25Z")
Realistically, though, it’s up to the officer’s discretion. If you have a few six-packs full of empties in back, and you clearly aren’t intoxicated, you’re not likely to be found guilty of an open-container law. Any cop that’d charge you would get chewed out for wasting the local court’s time. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [June 10, 2003, 5:19pm UTC](https://boards.straightdope.com/t/open-container-law-and-empties/180860/7 "2003-06-10T17:19:26Z")
The previous posts indicate open container laws vary from State to State. So what State are you referring to for a more accurate answer? IIRC (and I cannot remember the State, or if it still exists for that State), but a six-pack of beer with one can missing is classified as an open container, even if the other five cans are sealed. The rule of thumb I was taught when transporting alcohol (or even empties) was to keep it in the trunk. That way, if involved in an accident causing bottles to break or cans to rupture, there is no “open container” in the passenger compartment the police can play games with you about. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [June 10, 2003, 9:54pm UTC](https://boards.straightdope.com/t/open-container-law-and-empties/180860/8 "2003-06-10T21:54:14Z")
I thought in Texas it was okay for passengers to have open containers? If not, then boy did we live dangerously then! ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [June 10, 2003, 10:12pm UTC](https://boards.straightdope.com/t/open-container-law-and-empties/180860/9 "2003-06-10T22:12:47Z")
I don’t have a cite on it right now, but I think most of the states that had leagal “driving-n-sipping” did away with it due to pressure from the Federal Gov’mint. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [June 10, 2003, 10:18pm UTC](https://boards.straightdope.com/t/open-container-law-and-empties/180860/10 "2003-06-10T22:18:29Z")
> [@](#): > > \*Originally posted by occ \* > \*\*Realistically, though, it’s up to the officer’s discretion. If you have a few six-packs full of empties in back, and you clearly aren’t intoxicated, you’re not likely to be found guilty of an open-container law. Any cop that’d charge you would get chewed out for wasting the local court’s time. \*\* First off, “clearly aren’t intoxicated” doesn’t mean one wasn’t drinking one of those empties. Any sign of drinking, even if not to the point of intoxication, will back up the charge of an open intoxicant violation. Second, I know not where your from, but this idea that cops get chewed out for wasting the courts time is nonsense. It’s the D.A. that brings cases before the court, not the individual officer. If it’s a horseshit case, the D.A. won’t charge it in the first place.