The Philadelphia DUI Law Blog

Baseball Legend Carlton Fisk Arrested for DUI in Corn Field

Baseball Hall of Famer Carlton Fisk was arrested for driving under the influence last night, reports TMZ. He was allegedly driving through a corn field in Illinois.

When officers found Fisk, he was asleep at the wheel, with a bottle of vodka at his side, police reportedly told TMZ.

Fisk was immediately arrested and taken to a hospital for routine check-up. He also allegedly refused to take a blood alcohol test.

Let's talk a bit about open container laws. First of all, Fisk was found visibly drunk, reports the Chicago Tribune, so the open container laws aren't the only issue for him. Then he refused the BAC test, so he's got even more legal issues piling up here.

But going back to the open container issue: Assuming that he had not been visibly impaired, what would the effect of an open container have been on Fisk, if cops had found him in the corn field with an open container of vodka?

And let's make this local and assume that Fisk was arrested in Philadelphia (he wasn't, but just for the sake of our discussion, we'll act like he was). In Pennsylvania, it's illegal to have an open container of alcohol in a car. It doesn't matter if you're wasted or if you haven't had a sip at all. The law applies across the board.

The law also applies to drivers and occupants alike. Neither drivers nor occupants may possess an open container of alcohol in a vehicle. And if they're on a freeway, it's illegal to possess any alcoholic beverage at all.

So moving back to Fisk, his refusal to take the BAC test would have been inconsequential in Pennsylvania, at least with regards to the idea that he could escape any criminal charges. If he was found with an open container of vodka, he would have been charged under the open container laws.

And, of course, once his BAC was determined, through a blood test, he'd be charged accordingly with DUI as well.

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