It should go without saying that you should never go driving with an open container of alcohol in the car, no matter where it might be stored. This is a sure way to catch an officer’s attention if you get pulled over for a traffic stop. It’s very good evidence for the prosecutor that you were drinking and driving at the time.
One police officer had a DUI case handed to him when a van collided with her cruiser in the early evening. The officer was taken to the hospital with neck and back pain. When other officers questioned the woman and searched her vehicle, she was taken in for suspicion of drunken driving. They had found an open beer bottle in her van.
It is likely that the cops will want to perform a blood test in this instance. The bottle could have been old and completely empty, or nearly full. An open container alone is not enough to get a DUI charge, but it’s certainly enough for the police to arrest you so they can test your blood. If you get taken in for testing, it is better not to refuse the test since that will automatically lead to additional charges and strongly bias the court into giving you a DUI charge.
Know your rights if you get pulled over for a suspected DUI! The moments you have with the officer could mean the difference between going free and living with a suspended license. Call the law offices of Kellis Law to get strong DUI defense representation on your side.