My roommate just walked out of the house with a beer in hand...
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I don't think you can get arrested for just an open container. Just a ticket(fine). This is of course, if you don't blow over the leagal limit in the ol breathalizer. This is why the average relativley smart person would simply hide the open container so the officer would not see it. 
BOOM goes the dynamite!
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From: in a van down by the rive
Originally Posted by Tankard
This is why the average relativley smart person would simply hide the open container so the officer would not see it.
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Originally Posted by flipped cracka
the average relatively smart person would not have the open container in the car in the first place.
Not necessarily true. I've seen absolute geniuses drink and drive. This leads me to believe, that an average relatively smart person would and could probably do the same. If your just plain dumb, you'd drink and drive, and show the officer your open container.
I go duffy on dem bitches
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From: Gonzales, Louisiana
Originally Posted by Tobra
It used to be legal to do that, in Louisiana and Texas, drive and drink, as long as you were not drunk