Question on legality

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reiner

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With the insane new laws on driving and alcohol. Where can I find the laws on home brewed alcohol transportation? If I seal my brew into a cork with a spring type bottle can I transport it without opening said top?
 
I guess first off, avoid the hassle if possible and dont' get pulled over. Other than that, depending on your state laws, I'm not sure they'd separate homebrew from commercial and unless it's riding shotgun with you it shouldn't be an issue. I've driven with fermenting carboys and I'm sure technically that's maybe not legal but you'd have to get a real jerk off of a cop to bust you for it.
 
All I can say is that it may be illegal to even transport your beer in some states. Best check with your local statutes.

I doubt a police officer is going to arrest you if you have a full carboy or bucket. Also, if you use pry off caps, having the cap in place is the seal.

I'd probably place the bottles are far from reach as possible just to be safe.
 
+1 for putting beer in the trunk. ive made that a habit with all alcohol. it lessens the chance that a cop would ever see it.
 
+ 2 on the trunk. Cops can't go into the trunk anyway unless you give them permission, and if they have legal authority to open it without your permission you're already in deep schlitz.
 
I'd love to live where you guys live. "Cop won't bust you fir a carboy in the trunk that's lol. In Illinois you can't help but get pulled over as they have police stops where they check everyone. Me having an suv they look in all the windows and if they see my trunk covered with a blanket you can guarantee they will get a warrant to go back there.
 
I'm not versed in the legality of transporting homebrew but I definitely don't want to interact with the ATF. Ever.

All a LEO needs is probable cause to search your vehicle. If they see something suspicious through a window -- they can search your vehicle. Keep it in the trunk if you can. If you don't have a trunk, I'd transport my kegs/bottles in a taped up cardboard box (and don't put a blanket over it. That just makes it look suspicious.). If he asks what is in it, ask if he has a warrant. I doubt a judge will issue a warrant because "This guy has boxes in his car."

If they somehow get a warrant -- don't say a word. Keep your mouth shut until you talk to a lawyer if they decide to take you in.

Kind of 'worse case scenario' but transporting homebrew, especially across state lines, technically is a felony.

Also make sure you've paid your parking tickets and/or warrants and your license is valid. If they tow your car for any reason, they can search it....
 
I've been lucky I guess, but I live in IL and I've transported kegs in the backseat (untapped), fermenting carboys in the back of the suv, growlers, cases etc. all while drinking cider from a siphon hose in the secondary carboy that's riding shotgun while driving down I-55. Ok, the last part is made up.
When I transport, it is mostly highway so unless I'm speeding I don't really think about it.
 
I'd love to live where you guys live. "Cop won't bust you fir a carboy in the trunk that's lol. In Illinois you can't help but get pulled over as they have police stops where they check everyone. Me having an suv they look in all the windows and if they see my trunk covered with a blanket you can guarantee they will get a warrant to go back there.

You have a right to privacy protected by the Constitution. A blanket in the trunk is not probable cause for anything.

Be cool, be inconspicuous, and have tags up to date. Keep the beer out of sight and no problems.
 
Check with your state's alcohol control agency. Also read the statutes on homebrewing, alcohol and the traffic code.

You can probably call the alcohol control agency in your state and ask them for an opinion. The opinion is not determinative, so if you get pulled over and the officer asks about it, saying so and so at the ABC said it was ok, won't keep the officer from ticketing or arresting you for an open container and likely will not operate as a defense in court.
 
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