1 State Actually Allows You to Drink Alcohol While You Drive, but its Official Beverage is Still Milk
Every state has a law against driving with a high blood alcohol content. That’s because being drunk slows your reaction time and impairs your judgement, making you a menace to innocent folks on the road. But Mississippi is notable in that it doesn’t have a law against a driver possessing an open container of alcohol: You can technically be drinking while you drive as long as your BAC stays below 0.08%. But if you think Mississippi loves booze, think again. Its official state beverage is milk.
Is it a good idea to drink while driving? Heck no! As I already said, you put yourself and others at risk. It’s always smarter to keep the beer closed until you’ve reached your final destination. Seriously, do you want to be stressed about your precise BAC–and worried your beer will spill–while trying to navigate traffic? It’s just not worth it.
Even though Mississippi doesn’t technically forbid you possessing an open container while driving, I imagine any coup would take a beer in your hand as an invitation to administer a sobriety test right then and there. So even if you are under 0.08%, driving while drinking can only lead to unnecessary hassles.
To me though, it is a bit amusing how wholesome Mississippi’s state beverage is. The legislature made the relationship between Mississippi and milk official in 1984. It was probably a way to highlight the state’s dairy industry. And Mississippi is not the only state thinking that way. Nearly half the U.S. is right there with it. In total, 22 states have named milk their official beverage.
Mississippi is also not alone in allowing open containers of alcohol in moving cars. Ten states allow passengers to possess open containers on a public highway, though only eight of these allow them to be drinking from these containers.
Alaska, Arkansas, Connecticut, Delaware, Mississippi, Missouri, Rhode Island, Tennessee, Virginia, and West Virginia say your passengers can possess an open container of alcohol. In Arkansas and West Virginia, this means a container with the original seal open. But it doesn’t mean your passenger can be drinking. So you can legally bring half a bottle of wine home from your picnic, even if it isn’t locked in the trunk.
Virginia has an interesting twist on this law: Police officers can assume a driver is drinking too, until the driver proves otherwise. So having a drinking passenger is essentially probable cause you are drunk and you will have to pass a sobriety test.
Next, learn more about the states that allow your passengers to drink while you drive.