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Alright, let’s get this out of the way immediately. We absolutely do not endorse or encourage drinking and driving. Seriously. Don’t do it. That being said, there is, unbelievably, one state in the U.S. that doesn’t prohibit it, technically. You will absolutely still get busted for driving cars under the influence there. However, this loophole means that you could, theoretically, be drinking alcohol behind the wheel so long as you’re not above the legal limit.

Mississippi doesn’t have an explicit prohibition on open containers in the car

Two women drinking beer while in the car, one of them driving
Drinking and Driving | Getty Images

Previously, MotorBiscuit’s Henry Cesari covered what states your passengers are allowed to consume alcohol in the car in. Mississippi did make that list. However, according to Haymans and Company Law, the Mississippi law surrounding open containers goes a bit further than that. Or, rather, it doesn’t because it doesn’t exist.

That’s right! The Hayman and Company Law website states that Mississippi has no specific law prohibiting an open alcoholic beverage in the car. However, the website also says that specific counties or cities within Mississippi could have a law banning it. On a statewide level, though, it’s not technically illegal.

The site also specifies that other risks are associated with it. There’s plenty of possibility for a driver to assume they’re under the legal limit when they are not. In addition, if a police officer sees you drinking an alcoholic beverage while you drive, there’s a good chance they’ll pull you over.

Drunk driving and driving while drinking are two different things, but you shouldn’t do either

So, yes, technically, drinking while driving is legal on a state level in Mississippi. At least in our minds, that is completely insane. Drunk driving is still illegal, of course, but this loophole needs to be shut down.

After all, leaving the door open for folks to start toeing the line between drunk driving and driving under the influence but legally sober enough to drive seems like it’s inviting all sorts of trouble.

As a general rule of thumb, you should not get behind the wheel if you’ve had anything to drink. Whether you think you’re stone-cold sober, buzzed, or just under the limit, leave the keys on the table. The risk of jail time, insane fines, losing your license, losing your life, or taking someone else’s life is 1000 percent not worth it. So, don’t be stupid.

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Braden Carlson

Braden Carlson has been an automotive journalist since 2019 and joined MotorBiscuit in 2022. As a self-professed Aerospace Engineering dropout, Braden has combined his engineering expertise and obsession with cars to step into automotive journalism.

When he’s not writing about cars, Braden can be found wrenching on his extensive collection. Whether they’re built for style, drifting, going fast, or just enjoying time spent on the road, Braden relishes working on cars and, ultimately, “making something from them.” Braden is most inspired by the individualism people can display when modifying their vehicles.

To keep himself up to date with the industry, Braden follows a variety of automotive websites and checks in with them daily.