Senate passes open container ban

All open alcoholic containers would be banned in vehicles if a bill passed yesterday by the Tennessee Senate becomes law.

The Senate voted 23-7 to approve the bill with state Sen. Steve Roller one of its supporters.

‘I voted for the bill because I think we should do everything we can to discourage drinking and driving,’ said Roller. ‘But I’d also like to raise this issue, especially with young people, that excessive speed is the reason for more automobile fatalities in Tennessee than any other factor.’

Under current state law, open alcoholic beverage containers are allowed in vehicles ‘ provided the driver is not drinking. McMinnville Police Major Bryan Denton said an across-the-board ban on open containers would help law enforcement.

‘It would take out some of the guesswork,’ said Denton. ‘A lot of times it’s easy for the driver to just hand a beer to someone else. This is sort of like the law that requires store clerks to ID everyone, even a 60-year-old man. It eliminates the guesswork.’

Denton was quick to point out that an ordinance banning open alcohol in vehicles inside McMinnville city limits has been in effect for decades and he says it’s been an effective tool for the police department.

Lawmakers have been considering such an open container ban for some time. One year the measure was defeated because of concerns it might infringe on people who are drinking in vehicles on the way to UT football games.

However, the open container ban could inadvertently cause drunken driving enforcement efforts to lose funding. About $12 million in federal road money is currently diverted from the state’s road fund to the Governor’s Highway Safety Office because the state is out of compliance with federal laws on open containers.

The safety office spends the money on public awareness campaigns, specialized drunken driving prosecutors and for police overtime grants for DUI enforcement.

If the open container bill becomes law, the safety money could go back to road building and maintenance.

There are two exclusions to the open container bill, according to Roller. People with a chauffeur, or riding in a motor home, can still have open containers.