Can you get arrested for having alcohol in your car in massachusetts?

Asked By: Michel Bode
Date created: Fri, Apr 2, 2021 8:37 AM
Best answers
Answered By: Marcus Lockman
Date created: Fri, Apr 2, 2021 11:24 PM
Pursuant to Massachusetts General Laws Chapter 90 Section 24P, the RMV places a Youth Alcohol Program (YAP) suspension/revocation on an underage operator's learner's permit/driver's license or right to operate when, after being arrested for Operating Under the Influence (OUI), he/she either refused to submit to a chemical test or failed a breathalyzer test.
Answered By: Emmet Marvin
Date created: Sun, Apr 4, 2021 4:19 PM
Driving under the influence of alcohol in Massachusetts is a crime that is punishable by a fine and/or imprisonment. Massachusetts' maximum blood alcohol level is 0.08% and 0.02% if the driver is under 21 years of age. Operating under the influence penalties can vary depending on prior OUI offenses.
Answered By: Ruth Yundt
Date created: Mon, Apr 5, 2021 10:43 PM
If you get pulled over for speeding or some other traffic offense, or if a police officer happens to notice that the passengers in your vehicle are drinking, you could be charged with an open container violation (in addition to any other violations) based upon your passengers’ alcohol consumption.
Answered By: Perry Champlin
Date created: Tue, Apr 6, 2021 8:18 PM
The Boston Globe said “Drinking Laws in Massachusetts Aren’t Puritanical — They’re Worse.” All drivers have a U.S. Constitutional right to decline taking a BAC test. However, Massachusetts alcohol laws require them to do so. The state punishes those who use their right by suspending their license for one year.
Answered By: Dena Hayes
Date created: Thu, Apr 8, 2021 10:34 PM
See Vehicle Code 23224. Are there defenses I can assert if I am cited? Yes, there are several defenses to being cited for having alcohol in a car. If a person is over 21, depending on the facts, defenses could include: the container wasn’t open, the vehicle is a taxi, bus, limo or house car, it wasn’t mine, vehicle was not on a highway or public land,
Answered By: Willa Botsford
Date created: Sat, Apr 10, 2021 12:41 AM
The short answer is yes. As long as there are no local ordinances banning open containers in vehicles, passengers in states without such laws can in fact drink alcohol in a moving vehicle. Mississippi is the most permissive, even allowing drivers to drink as long as they remain under the legal BAC limit.
Answered By: Devyn Cormier
Date created: Sat, Apr 10, 2021 2:16 PM
MGL c.269, § 10H Carrying loaded firearm while under influence of liquor, marijuana, narcotic drugs, depressants or stimulant substances; punishment MGL c.276, § 58A(1) "The commonwealth may move, based on dangerousness, for an order of pretrial detention...[for a person] arrested and charged with a violation of paragraph (a), (c), or (m) of section 10 of chapter 269 [illegal weapons]."
Answered By: Pascale Nienow
Date created: Mon, Apr 12, 2021 7:01 AM
Yes, a passenger may possess or consume alcohol in a motor vehicle. Class C misdemeanor, $500 fine, imprisonment for up to three months, or both; Delaware. Tit. 21, §4177J: No person shall consume an alcoholic beverage while driving a motor vehicle upon the highways of this state. Yes, passengers in a vehicle may consume alcohol. Infraction, fine
Answered By: Kaylin Dicki
Date created: Mon, Apr 12, 2021 11:14 AM
The alcohol was completely sealed (not open) You weren’t driving, and were simply a passenger; At this point, simply having the alcohol in your possession is enough to be convicted. There are exceptions if you’re accompanied by your parents or acting under their instructions. There is also an exception if transporting the sealed alcohol container was part of your job duties.
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