Tennessee § 55-10-416 - Open container law.
Full text of Tennessee Tennessee Code Annotated § 55-10-416 — Open container law., with citation guidance and answers to common questions.
§ 55-10-416. Open container law.
No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state. For purposes of this section: “Open container” means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken; An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or other nonpassenger area of the vehicle; and A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving. A violation of this section is a Class C misdemeanor, punishable by fine only. For a violation of this section, a law enforcement officer shall issue a citation in lieu of continued custody, unless the offender refuses to sign and accept the citation, as provided in § 40-7-118. This section shall not be construed to prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting the passengers in a motor vehicle from consuming or possessing an alcoholic beverage or beer in an open container during the operation of the vehicle by its driver, or be construed to limit the penalties authorized by law for violation of the ordinance or resolution. Acts 1994, ch. 638, § 1. Compiler's Notes. For the table of disposition for the DUI laws in title 55, ch. 10, part 4 due to the 2013 amendments, see the Compiler's Notes in § 55-10-401 . Cross-References. Penalty for Class C misdemeanor, § 40-35-111 .
Frequently Asked Questions About Tennessee § 55-10-416
What does Tennessee Code Annotated § 55-10-416 cover?
Section 55-10-416 ("Open container law.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 55-10-416?
A common citation format is "Tennessee Code Annotated § 55-10-416" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 55-10-416 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.