Can You Legally Drink Alcohol Riding in a New York State Car?

So you are out for the night, and you have a designated driver. What happens when you would like to keep the party going, you're not the one driving, can you drink alcohol?

Are there certain situations where you can be sitting in the passenger seat, or the back seat, and consume an alcoholic beverage? Let's say everyone in the car is over the age of 21, can you do it?

Is it legal to drink while being a passenger in a car in New York State?

Well, yes and no. Let's give a ton of emphasis on the no first. If you are in a car, and the car is in motion or the keys are in the ignition, there cannot be an open container of alcohol in the vehicle.

This is a two-parter. So, if you want to just drink in the car, when can you do it? Under what circumstances is it legal? It is legal if the car has a certificate or permit issued by the department of transportation or the United States department of transportation. 

When else can you have an open container in your car? And not be drinking it?

Here is another twist on when you can have an open container in the car. You can have the remainder of a bottle of wine in the interior of the trunk of your car, as long as it has been sealed as directed by New York State. It is in a sealed bag with a receipt attached showing the restaurant, and date of purchase.

Just think of it this way. Don't drink at all in a car, even as a passenger. Then if you have an open container, keep it inaccessible in the trunk of your car or better yet at home.