Yes, a sober driver can be be charged with an open bottle misdemeanor offense for allowing passengers to drink alcohol in the car. The officer is required by law to release you on citation instead of arresting you unless you have a history of outstanding bench warrants for failure to make your court appearances.

If you are charged with open bottle offense, contact Robert J. Shane, an experienced Minneapolis Criminal Defense Attorney at (612) 339-1024 or visit his website at