When it comes to DUI, most people assume the law only applies if a driver is actively intoxicated or has consumed alcohol. But what if you haven’t taken a single sip, yet there’s an unopened bottle of alcohol in your car?
While this may seem harmless at first glance, the answer isn’t as simple as a straightforward “no.” Depending on where you are and how the alcohol is stored, an unopened bottle can, in some circumstances, contribute to legal trouble—or, at the very least, raise suspicion during a traffic stop.
Understanding open container laws
To understand how an unopened bottle might affect you legally, it’s essential to differentiate between DUI laws and open container laws. DUI laws primarily concern the blood alcohol concentration (BAC) of the driver, while open container laws regulate the possession of alcohol within a vehicle.
Minnesota law is clear when it comes to open containers: It is illegal to have an open bottle of alcohol in the passenger area of a motor vehicle. But what about unopened bottles?
Under Minnesota Statutes § 169A.35, you’re usually in the clear if a bottle or container of alcohol is sealed and stored properly. That means:
- The bottle is unopened (the factory seal is intact).
- It is stored in an area of the car not readily accessible to the driver or passengers, like the trunk or behind the last upright seat in a vehicle without a trunk (such as a hatchback or SUV).
If the sealed bottle is in a cupholder, the backseat or within reach of the driver, however, that could raise suspicion during a traffic stop—even if it’s technically legal.
Having an unopened bottle of alcohol in your vehicle isn’t illegal by default—but how and where it’s stored matters. Suppose you get in DUI trouble because the unopened bottle was within your reach; enlisting experienced legal guidance can help you navigate these murky waters.