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Drinking alcohol on Private Property

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Miha

Junior Member
What is the name of your state? CA
Can you be arrested for open container or something similar if you are on your own property having an alcoholic beverage with a friend? For instance, if you and a friend are standing in your driveway both drinking a glass of wine, etc.
 
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FlyingRon

Senior Member
What is the name of your state? CA
Can you be arrested for open container or something similar if you are on your own property having an alcoholic beverage with a friend? For instance, if you and a friend are standing in your driveway both drinking a glass of wine, etc.
The "open container" is part of the vehicle code. As long as you aren't sitting in your car while drinking it doesn't apply.

The only thing (statewide) I think that would apply is the public intoxication law, so try to avoid falling over where the cops can see you
:)
 

CdwJava

Senior Member
Miha said:
Can you be arrested for open container or something similar if you are on your own property having an alcoholic beverage with a friend? For instance, if you and a friend are standing in your driveway both drinking a glass of wine, etc.
If you and your friend are under 21 there is a possiblity you might be in trouble under certain circumstances. Otherwise, no. If you are 21 and have no probation or parole condition against possessing or consuming alcohol, then go right ahead.

Why do you ask?

- Carl
 
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