Responsibility for open booze in any vehicle falls on driver
My neighbour’s son and friends poured mixed alcohol drinks into travel mugs before leaving a party in their car.
When questioned, they said: “The driver isn’t drinking.” What’s the law on this? I’d like to show it to him as a warning.
York Regional Police Const. Andy Pattenden replies:
The driver is responsible for ensuring that there’s no open alcohol in the vehicle while they are operating it, as per the Liquor Licence Act.
If stopped by police, the driver may be charged with “driving a motor vehicle with open liquor readily available” under section 32(1) of the Liquor Licence Act, which carries a $180 fine. The passengers could face charges of “having liquor in open container in other than licensed premises, residence or private place” under section 31(2) LLA, with a fine of $125 each.
If the officer has reasonable suspicion that the driver had consumed alcohol, they might make a demand for a sample of the driver’s breath in an approved screening device.
If the officer has reasonable grounds to believe that the driver is impaired, then the driver would be arrested and taken to the police station for a Breathalyzer test. Eric Lai adds: Liquor being transported inside the vehicle must have the original seal unbroken. A partially consumed, then recapped beer is still open liquor. Regardless of who has the open liquor, the driver can be charged.
The HTA requires that all drivers age 21 and under, regardless of licence class, must have zero blood alcohol when operating a motor vehicle. If caught with any amount of alcohol in their blood, such drivers will receive an immediate 24hour roadside licence suspension and, upon conviction, a fine of up to $500 and a minimum 30-day licence suspension. Novice drivers face escalating sanctions for subsequent convictions.
Additionally, it’s illegal for minors (under 19) to buy, drink or possess alcohol. Persons supplying liquor to a minor risk a maximum $200,000 fine and up to one year in jail. In memoriam: The King Rd. bridge over Hwy. 400 has been dedicated as the “Const. Paul Patterson Memorial Bridge” in memory of the Oak Ridges OPP officer who was killed in the line of duty in a vehicle rollover in 1978. Email your nonmechanical questions to Eric Lai at wheels@thestar.ca. Due to the volume of mail, personal replies cannot be provided. Freelance writer Eric Lai’s Auto Know column appears each Saturday in Toronto Star Wheels. For more Toronto Star Wheels stories, go to thestar.com/autos. To reach Wheels Editor Norris McDonald: