When Does Your Daiquiri Become an ‘Open Container’ in Louisiana?

(KMDL-FM) Louisiana is unique among the United States. Our culture, our people, our traditions, our lifestyle are what make people around the country and around the rest of the world want to come explore and learn more about "what we've got".

Chances are, if you're visiting with someone who "ain't from around here," the conversation will traverse through food, and there will be a conversation about music, and then the flow of the chat will again lean toward food, and eventually someone will mention, "Did you know we have drive-thru daiquiri places"?

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Yes, it's a concept that is foreign to just about any other place on the planet, but here in Louisiana, we believe you have the right to collect a personal serving of alcohol while you're behind the wheel of a car. What our state doesn't allow you to do is to consume that beverage while you are operating that vehicle, nor may that drink container be open at any time while the vehicle is in operation on a public street.

How Are Drive-Thru Daiquiris Legal in Louisiana?

This is where we get into the "weeds" that make up Louisiana's open container laws. By the way, if you live "in the world of reasonable people," you're going to need to have an open mind about how certain aspects of the law are "defined".

There are times when an open container with alcohol is allowed. Those times are when you pay a fare to board a public, contract, or common vehicle. You may have an open container if you are a passenger in a "courtesy vehicle".  You may also have an open container if your vehicle is a 21-foot or longer recreational vehicle or motor home.

You may certainly imbibe and have an open container if you are a passenger in a privately owned limousine that is operated by a driver who holds a Class D commercial license. And, here's a shock, you can have open containers of booze on a parade float.

What Is The Definition of an "Open Container" in Louisiana?

What makes a container closed is the following: when we are speaking of a frozen daiquiri. The lid on the drink must be intact with no punctures. There is no straw protruding from the cup. This means either through the lid or just stuck in the cup. And, the cups' contents remain full and have not been removed or altered either partially or completely.

Incidentally, the Louisiana law specifically mentions that the rules for regular alcoholic drinks and frozen alcoholic drinks are different. In order to comply with the rules we've listed above, the drink must be frozen and the straw provided separately. Many places that sell drive-thru daiquiris abide by the "tape rule".

That means the proprietor or server will place a sticker or piece of tape over the straw hole in the cup's lid. If that sticker or tape has been removed or compromised, the container is considered open. And if you think that having the straw's cover on the business end of your straw while it's stuck in your drink will save your bacon, you need to guess again.

Remember, consumption of alcohol in a moving vehicle by either the driver or passengers is a violation of Louisiana law, unless special circumstances such as the ones we've described above are present.

Please don't drink and drive, and if you do drink, be responsible. With so many ride-share options available now, there is no reason for anyone to climb behind the wheel of a car or truck while they are impaired.