Is a whiskey flask considered an open container by the police?

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onionmaster asks:

If i get pulled over with a hip flask with whiskey in it, could that be considered an open container even if i had not been drinking from it. To my understanding, even alcohol in its container (fifth bottle, etc.) is considered to be an open container if the seal is broken.
I live in Louisiana, which probably doesnt change anything because, while we have incredible leniency towards drinking, common practice governing drinking and driving is brutally stringent.

Best answer:

Answer by irishjwb333
yes, in most municipalities it would be considered an open container

5 thoughts on “Is a whiskey flask considered an open container by the police?

  1. yes, it does by law unfortunatly. and honestly id just throw it under your seat or something if you do get pulled over especally if you have booze on your breath. Or just keep it in your trunk cause it is not against the law to have open containers in you trunk… as long as your 21 or over.

  2. yes it is because it is not in its original container with a sealed unbroken lid and seal. just because you have a lid on a container doesn’t mean it is not open according to the laws in California. If you must transport an “open” container put it in your trunk or where passengers do not have access to it inside the passenger compartment of the vehicle.

  3. Yes. I once got pulled over (2 miles over speed limit!) and the cop was feeling empty beer cans on the rear floorboards and saying they should be in the trunk when I explained that I had just come from camping and they were headed for recycling. Any alcoholic beverage that you conceivably could have been drinking from is an open container.
    He let me go, though, because they were all warm.

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