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[–] 27 points 2 months ago (1 child)

Someone who openly drinks while they're sitting in the driver's seat can get a DUI from that alone. They aren't caring about driving drunk, I'd wager.

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  • [–] 2 points 2 months ago

    I'm not sure about every state, but as far as I know that would just constitute an open container. You would have to be over the legal limit with a breathalyzer or blood draw, or fail a roadside sobriety test to receive a DUI charge.

    Again, every state/country is different

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