Is open container reportable?

Geico266 said:
He has not been charged, arrested, or convicted of being " under the influence". He received a moving violation. Period.

That should be his story and he should stick to it.

Wasting up to $10,000 on an attorney fighting this is pretty silly when there is need.
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That depends on the locale. In North Carolina, there is a lesser offense of driving while impaired which is a class 3 misdemeanor and you can lose your license for it. The conditions for being guilty are 1) open container "While there is an alcoholic beverage in the passenger area in other than the unopened manufacturer's original container" and 2) BAC > 0 - "While the driver is consuming alcohol or while alcohol remains in the driver's body."

In NC the OP's situation is absolutely a reportable offense under 61.15. In other states it is absolutely not. Therefore the OP really needs to consult with a knowledgeable attorney in his state to find out if he is in big dodo, little dodo or no dodo at all.

A call to Dr Chien might be in order to confess one's sins and seek the appropriate means of atonement or at least a consult with a good AME.
 
One could say ,you tested just under the limit,and you had an open container in the car,rather than the trunk,the officer may have been trying to send you a message. I doubt the info goes much further ,once you pay the fine.
 
ateamer said:
If he wasn't arrested for DUI, he wasn't under the influence as far as law enforcement is concerned.
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Typical response for this site, but not really reliable as legal advice especially since the state involved wasn't mentioned. The OP was right to choose to consult an attorney.
 
SbestCFII said:
Not according to the FAA. They state in 91.17 that you can't fly within 8 hours of consuming alcohol and you can't fly with a BAC of 0.04 (or presumably higher). So in essence, as long as it's been more than 8 hours since you drank and your alcohol level is below 0.04, then you are legal to fly an aircraft. Stupid...yes, but illegal...no.
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You might want to reread 91.17:

(a) No person may act or attempt to act as a crewmember of a civil aircraft—
(1) Within 8 hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects the person's faculties in any way contrary to safety; or
(4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.
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Note (2). Just like 0.08 for driving, 0.04 is simply a per se violation. If you are "under the influence of alcohol", even if it's been more than 8 hours and you are 0.02, you can be busted under 91.17.
 
ClimbnSink said:
Not quite see bolded, dunno if the FAA has ever nailed anyone for it but under (2) flying with a hangover or over 8 hours under .04 but still buzzed is a gotcha. Guessing if they have cause to get a BAC and it is more then zero you are toasted.
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Even a 0.00 with a severe hangover could be considered being "under the influence of alcohol"
 
Also remember that, at least in most states, a DUI doesn't necessarily have to involve alcohol. You can get a DUI for being under the influence of prescription drugs. It's happened.
 
This might help:

Reporting Requirements


Appears as though if you aren't Arrested, Convicted, or have had an Administrative Action taken against you, you are not required to report it.

You should still consult an aviation attorney because YMMV.

Noah W
 
Noah Werka said:
This might help:

Reporting Requirements


Appears as though if you aren't Arrested, Convicted, or have had an Administrative Action taken against you, you are not required to report it.

You should still consult an aviation attorney because YMMV.

Noah W
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In this case, unless I misread the original post, the OP was found guilty of an alcohol offense involving operation of a motor vehicle.
 
You might be better off just reporting it to give whoever at the FAA a laugh that someone reported something so minor.

When I filed my I-485 for Permanent Residence in the US with USCIS, there's a question on the form "Have you ever received military, paramilitary or weapons training?" I answered "Yes" because when I was 12 I took a Firearms Safety/Hunter Education course run by Saskatchewan Parks and Wildlife, which was "weapons training".

Heck, the immigration lawyer I had review my paperwork told me "You probably don't need to bother with that." But I came to the conclusion that it was a heck of a lot better for me if I disclosed when I didn't have to, than if I failed to disclose and someone found out. I can just see the Immigration Officer reading my application thinking to himself "If this guy reported that, there's no way he lied about other stuff."
 
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Ron Levy said:
In this case, unless I misread the original post, the OP was found guilty of an alcohol offense involving operation of a motor vehicle.
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I might be misreading 18v. which list the specific reporting requirements[(1) Arrest(s) or Conviction(s) involving driving while intoxicated by, impaired by, or while under the influence of alcohol or a drug... (2) ...administrative actions...].

The OP said he was not arrested or convicted of anything involving requirement (1) or (2). He was just given a ticket for open container and paid the fine, which the way I read and interpret 18v. is not a reportable offense.

Not trying to argue or defend anything, just trying to further my skills at reading and understanding the English language.

He should still consult an aviation attorney because YMMV.

Noah W
 
JeffDG said:
You might be better off just reporting it to give whoever at the FAA a laugh that someone reported something so minor.

When I filed my I-485 for Permanent Residence in the US with USCIS, there's a question on the form "Have you ever received military, paramilitary or weapons training?" I answered "Yes" because when I was 12 I took a Firearms Safety/Hunter Education course run by Saskatchewan Parks and Wildlife, which was "weapons training".

Heck, the immigration lawyer I had review my paperwork told me "You probably don't need to bother with that." But I came to the conclusion that it was a heck of a lot better for me if I disclosed when I didn't have to, than if I failed to disclose and someone found out. I can just see the Immigration Officer reading my application thinking to himself "If this guy reported that, there's no way he lied about other stuff."
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The only thing they really care about are the "crimes of moral turpitude" stuff.
I answered Yes to that (different form but same questions when done outside the country), every Finn has to serve 6-12 months in military. Didn't even rise an eyebrow. I think it would be more serious if I was applying from Syria, or similar...
 
Next time the cops give you a hard time about an open container just tell them that you just haven't figure out how to drink from a closed one.
 
I saw that many years ago and it is a little funny and filled with some pretty basic common sense that I have always exercised long before seeing it. Believe me, I would never actually give a smartass remark such as I suggested in my post. That was just a joke.
 
When I ran the aviation program at the university, I used to show that video to my new freshman every fall -- first day. It's amazing how a bunch of young, mostly black 18-year-olds will accept something said by Chris Rock rather than a middle-aged white guy saying the same thing.
 
It's all in the delivery. :D

Ron Levy said:
When I ran the aviation program at the university, I used to show that video to my new freshman every fall -- first day. It's amazing how a bunch of young, mostly black 18-year-olds will accept something said by Chris Rock rather than a middle-aged white guy saying the same thing.
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