:) Hello! I would appreciate some legal advice or other pertaining to the Wa state open container laws: If I were driving, and my passenger had open beer in plastic cup who would get the open container ticket, or if applicable in this situtation??? Please help!! Also, I'm being prescribed Morphine sulfate Contin 2-3 times daily. How would I stand legally in Wa state if I had to submit to drug screen by request of Police Officer during the course of my driving down the road. If I had accident, fault or no fault, could I be penalized? I've been convicted of 2 DUI and am now legally able to resume driving. Any help please...

Thank-you, :) :) :confused: Truckermann

What Is The Criteria In Your State For a Open Container Law Violation
te’s open container law must prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of any motor vehicle that is located on a public highway or right-of-way. However, state laws and proposed legislation that prohibit possession without prohibiting consumption also have been found to be in conformance with the possession and consumption criterion because in order to consume an alcoholic beverage, an individual must first have that beverage in their possession.
The open container law must apply to all alcoholic beverages. “Alcoholic beverage” is defined in the regulation to include all types of alcoholic beverages, including beer, wine and distilled spirits. Beer, wine, and distilled spirits are covered by the definition if they contain one-half of one percent or more of alcohol by volume. An “open alcoholic beverage container” is any bottle, can, or other receptacle that contains any amount of alcoholic beverage, and that is open or has a broken seal, or the contents of which are partially removed.

http://www.drunkdrivinglawyers.com/alcohol-Open-Container.cfm
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So if the beverage is clearly in the control of a passenger, you have an argument, but given your history I would not put yourself in that position.

Most states approach DUI as driving under the influence and not just of alcohol, but anything that renders the driver an impaired driver under state law and incapable of safely operating a motor vehicle.