Should it be legal for passengers to consume alcohol in a moving vehicle?

[Nym90]

It's a tough one. In theory I certainly agree that it should be legal to drink while driving as long as you aren't drunk. However, even having one drink in your system does affect your driving ability, even if you don't realize it at the time (of course, so do a lot of other legal activities, like talking to someone else who is in the car, talking on the phone, eating, changing the radio station, etc.).

I'd say it should be a secondary offense; if you get pulled over for violating another law, you can be cited for drinking as well even if you aren't drunk. But as long as you are obeying the law and not driving recklessly, and you aren't leaglly drunk, it shouldn't be a primary offense that you can get pulled over for solely.

Likewise if a passenger has an open container. It should be a secondary offense with the ticket going to the passenger, not the driver.