“Why do they call beer non-intoxicating”???

For those who may have known someone cited for having an open container of beer or similar violation you may wonder as I once did why O.S. 21-1220 is titled “Unlawfully transporting an open container of non-intoxicating alcoholic beverage” when someone is caught with an open container of beer. 

First of all an open container is any container used to hold beer or alcoholic beverages of any type which is other than its original with the original seal broken.  Oklahoma beer is 3.2% alcohol content and anything with 3.2% or less is considered non-intoxicating under Oklahoma law.  We all know you can get drunk on Oklahoma beer but legally speaking 3.2% beer is considered non-intoxicating. 

With all that said, if anyone is caught with Colorado or Texas beer, which is 6.0% or more, in Oklahoma they could be cited for TOC-Alcohol under O.S. 37-537 a.  the same as being caught with an open container of whiskey.  Ironically the current bond for an open container of 3.2% beer is $289.40.  The bond for an open container of above 3.2% beer or whiskey is $219.40.  That seems a little weird to me but as I have said before I am not asked about the bonds.  They are set by the legislature.   Many people like to drive around and drink beer and liquor especially in warm weather.  Simply put, the law says you cannot on public roadways.  It’s expensive if you are caught.........

Summer is approaching and that means more traffic and traveling for many of us.  In fairness I will warn in advance that means we (OHP) and other agencies will be targeting people who do not buckle up for seat belt citations.  All I can say is please wear them.  If you don’t you will be lucky if you only get a ticket.........

Trooper Duane Johnson #280

Oklahoma Highway Patrol