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Can you drink alcohol while someone else drives? Here’s what Florida law says

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ORLANDO, Fla. – The holidays are upon us, and plenty of people are expected to go out and celebrate the season.

With more parties and social gatherings, alcohol likely won’t be too far behind. And when someone needs to get a lift home, that can beg the question, “Can you drink alcohol while someone else is driving?”

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Of course, Florida law prohibits drivers from consuming or even possessing an open container of alcohol while operating a vehicle. This applies even if the vehicle is parked or stopped on the roadway.

However, passengers are also subject to these rules — so no taking shots while riding shotgun.

ARE THERE ANY EXCEPTIONS?

Luckily, someone who’s polishing off their drink is still allowed to get a ride home in a commercial vehicle like a bus or taxi cab (depending on the rules). Funny enough, a passenger in a motor home that’s over 21 feet long is also exempt.

In addition, you can drink while sitting in your car as long as it’s parked on your own private property.

WHAT IF I NEED TO GO SOMEWHERE WITH ALCOHOL?

The good news is that you can drive home with that bottle of wine so long as no one’s broken into it yet. These rules only apply to open containers of alcohol.

But if you’ve already opened it up, then just be sure to tuck it away in a locked compartment that’s inaccessible to the driver or other passengers, such as the glove box or trunk.

Regardless, Trooper Steve provides the following advice for those considering having alcohol in the car during a drive:

“I’m constantly floored by the wild traffic myths people not only believe but are ready to act on. Here’s a pro tip: the safest place for your booze in the car is the trunk. Not the cup holder, not your lap, and definitely not in a red Solo cup riding shotgun. If it’s open—even a cracked seal—anyone within reach, driver or passenger, is fair game for a ticket. So unless you want your road trip to turn into a legal detour, keep your party supplies well out of arm’s reach!”

Trooper Steve Montiero

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