I’ve got a great question for you today, can passengers legally drink in your car? You’re on a road trip, you got your buddies in the back seat, they’re drinking that got open alcohol? Is that legal? No, it’s not under the Liquid Liquor License and Control Act under Section 42 one that’s open alcohol in a vehicle, and they could be charged with that, subject to a pretty substantial fine, actually. So no, okay, the short answer is no, neither are you. Of course, you could also be charged with permitting under Section 42 one, then drinking open alcohol in the vehicle. This even goes for parked cars. You can’t have an open alcohol at a parked car. So, we’ve got across the provinces. All the provinces have fines for this. Some of them are escalating in higher fines. For example, British Columbia is much more serious. So, it is a problem. You can’t do it. It’s not like Mexico or some places that people seem to drink it and drive and whatnot. And the other problematic thing is, if you have open alcohol, the vehicle, that may the police may investigate you for repair driving, particularly if you were drinking and driving. So, it’s a real, real problem. Don’t drink and drive and don’t have open alcohol in a vehicle. And so, the key takeaways here make sure if you have alcohol in vehicle that is stored properly, it can’t be accessible. It can’t be open. The safest thing to do is keep things in your trunk. I mean, if you’ve got it open, for example, a micky, that you’ve taken to a party the night before, or what have, you, keep that in the trunk. It’s in your vehicle you’re going to be charged. And really, my practice is, by that, just to avoid any problems, it is legal, by the way, to bring a case of beer and put in your back seat, as long as none of the beers are open. But I think the safest practice is just keeping your trunk avoid problems and don’t let passengers drink in the vehicle. And obviously you shouldn’t be drinking in the vehicle either you’re going to have bigger problems with impaired driving. So those are the key takeaways of the bottom line on that particular question. Thank you for watching our video. We are absolutely committed to bringing you the best possible criminal and DUI educational videos. If you found this video helpful, please like it and subscribe to our YouTube channel. If you’ve been charged with the criminal offense in Ontario and require our services, please click on the link in the description below.
Michael Kruse is a seasoned criminal defence lawyer with more than 36 years of experience in Ontario. A former Assistant Crown Attorney, Mike brings decades of courtroom and trial experience to the defence of serious criminal charges. He leads Kruse Law Firm with a strategic, practical approach focused on strong advocacy and achieving the best possible outcome for every client.
