Open Container Laws in Minnesota

Open container Minnesota cases are charged under the open bottle law in Statute 169A.35. The older 169.122 section was repealed in 2000. The statute can cover drinking in a vehicle or possessing an opened bottle. It can also cover allowing an opened bottle to be kept there. A stop that starts as an open-bottle call can still become a DWI investigation. Therefore, treat the stop as more than a small ticket. At Wolfgram Law Firm, our Minnesota criminal defense attorneys review where the bottle was. They also review who possessed it and whether the stop was lawful.

What Open Container Minnesota Statute 169A.35 Covers

Minnesota Statute 169A.35 is titled “Open Bottle Law.” It applies to alcoholic beverages, distilled spirits, and 3.2 percent malt liquor. Subdivision 2 makes it a crime to drink those beverages in a motor vehicle on a street or highway. The vehicle must be upon a street or highway for that clause. Subdivision 3 makes it a crime to possess an opened bottle in a private motor vehicle. The vehicle must be on a street or highway. A broken seal or partial contents can also qualify. The container does not need to be in someone’s hand. Possession includes actual possession or conscious dominion and control. Therefore, a bottle at a passenger’s feet can still be litigated as possession. Subdivision 4 can reach the owner for keeping or allowing an opened bottle in the vehicle. It can also reach the driver if the owner is not present. That clause can surprise a driver who did not drink. An open container Minnesota stop can still name the driver on that theory.

Where the Bottle Was, and What Counts as a Motor Vehicle

Subdivisions 3 and 4 do not apply to a bottle in the trunk if the vehicle has a trunk. That is the main storage exception. If there is no trunk, the bottle may sit in an area not normally occupied by riders. A glove box still counts as occupied space. Motor vehicle in this section does not include motorboats in operation. Off-road recreational vehicles are generally outside the definition. However, those off-road vehicles can count when operated on a roadway or shoulder. The roadway also must not be a designated trail. In addition, passengers in certain commercial settings are excepted from possession or consumption limits. The statute lists a passenger motor carrier bus. It also lists a commercial pedal-powered vehicle with five or more passengers. A limousine service, as defined in statute, is the third listed setting. A regular private car on I-94 or a Minneapolis street is not a limousine exception. The exception is narrow.

Open Container Minnesota Penalties and Related Stops

A person who violates subdivisions 2 to 4 is guilty of a misdemeanor. Under Statute 609.02, a misdemeanor can mean up to 90 days in jail, a $1,000 fine, or both. The practical problem is often the stop that follows the bottle. Officers may claim the odor, the cup, or the bottle gave cause to expand the investigation. As a result, an open-bottle citation can sit beside a DWI charge under Chapter 169A. Field tests and an evidentiary breath test can follow. Moreover, a passenger’s bottle can still create driver exposure under subdivision 4. The driver should not assume “it was not mine” ends the case. A conviction can also affect insurance, employment, and, for some people, immigration or professional licensing. A “small” misdemeanor can still follow someone.

How Officers Build an Open-Bottle Case

Body-worn camera often shows the cup, the odor, and who reached for the container. Inconsistent stories can hurt more than the bottle itself. Lab testing is not always required for every open-bottle file. Officers may still seize the container and describe it in the report. For purposes of 169A.35 only, the statute explains alcohol-by-volume and alcohol-by-weight measurements. That language can matter when the drink type is disputed. Importantly, “street or highway” is part of several clauses. A private driveway fact pattern can differ from a moving violation on a public road. Search issues can arise if officers rummage beyond a lawful inventory or a valid exception. Suppression can change a weak bottle case.

Defense Themes in an Open-Bottle File

Location is often the first issue. A sealed bottle in the trunk can fall inside the statutory exception. Who possessed the bottle is the second issue. Dominion and control is not always obvious in a crowded car. Furthermore, the drink may not meet the statutory beverage definitions. Empty containers and leftover ice can still be argued both ways. The stop itself may lack a valid basis. A bottle seen only after an unlawful detention can be challenged. However, arguing with officers on the roadside rarely helps. Save the legal points for court and for counsel.

What to Do After an Open-Bottle Stop in Minnesota

Stay calm and do not consent to extra searches if officers are already stretching the stop. Ask whether you are free to leave if the citation is the only issue. Do not drink remaining liquid to “get rid of it.” That can create a new consumption fact. Keep the citation, the tow sheet, and any test advisory. Bring those papers to the consultation. If a DWI investigation started, treat the file as more than an open-bottle ticket. License and test issues can move on a separate clock. Passengers should avoid posting photos of the stop. Screenshots travel.

Open-Bottle Stops, DWI Overlap, and Court Dates

An open container Minnesota citation can appear with a DWI complaint. The bottle may be the reason officers expanded the stop. Therefore, counsel should review the stop, the camera, and any test advisory together. A weak bottle fact can still support a broader investigation claim. A first-time misdemeanor may still bring probation, fines, and a record. Diversion-style outcomes depend on the county and the history. In addition, a passenger and a driver can be charged on different subdivisions. Each person needs a fact-specific review. Hennepin, Ramsey, and suburban courts can treat these files as routine. Early video review can still change a “routine” ticket. An empty cup can still start a conversation with police. The report should still describe what was actually found. Furthermore, a parked-car fact pattern can differ from a moving stop on a highway. Street-or-highway language is part of several clauses. Bring the citation, tow sheet, and any photos of the bottle’s location. Counsel can then test the trunk exception against the camera. Do not ignore a court date on an open-bottle ticket. A missed appearance can lead to a warrant.

Talk With Wolfgram Law Firm About an Open-Bottle Charge

If an open-bottle citation or a related DWI investigation has started, do not wait. Early review of camera video and the bottle’s location can change strategy. An open container Minnesota ticket is still a criminal misdemeanor under 169A.35. Wolfgram Law Firm can review the file in a free consultation. Wolfgram Law Firm offers a free consultation for Minnesota criminal defense matters. Contact us today through our contact page or call the office.

Frequently Asked Questions

Is Minnesota’s open-bottle law still Statute 169.122? No. Statute 169.122 was repealed. Current open-bottle charging is Statute 169A.35. Older tickets or articles may still show the repealed number, so check the complaint. Can a passenger’s drink get the driver charged? It can. Subdivision 4 can hold the owner for keeping or allowing an opened bottle in the vehicle. It can also hold the driver if the owner is not present. The passenger can also face a possession or consumption count under other subdivisions. Does putting the bottle in the glove box fix the problem? No. The statute treats a glove compartment as space occupied by the driver and passengers. A trunk, or a true cargo area not normally occupied, is the exception the statute describes. This article is provided for informational purposes only and does not constitute legal advice. Every criminal case is unique. If you need legal advice regarding your specific situation, consult our experienced Minnesota criminal defense attorney.