Michican, does anybody know the elements of the misdemeanor crime open intox in a vehicle. I've been told that an empty six pack being transported for deposit refund in the passenger compartment is a violation. If a driver is found to have a half full can of beer, the beer is dumped by the officer and the can left in the drivers car , is the officer's testimony sufficient evidence for a conviction even though the oficer does not have tha can for evidence at trial and can not prove what was in the can?