Originally Posted by
HopeandCope1988 
But I drive, not him. And that's on him. I do know for a fact he would take all responsibility, should something happen, so that I don't face anything.
An open container in a moving vehicle is an open container. Makes no difference who is sipping it. You'll be facing the consequences of his open container whether he claims it was his or not. Only seven states do not have this open container law, so be sure to research.
Can Passengers Drink Alcohol In a Car? A total of 43 states have open container laws in place, 40 of which conform to federal standards outlined in the Transportation Equity Act for the 21st Century (TEA-21), which mandates open container laws and other traffic safety measures. Drivers may be cited for an open container violation if they have the container on their person or within reach. But even if only the passenger is in possession of an open container, both the driver and the offending passenger may be cited for a violation.