Taken from:

Source from Where I quoted DUI information

“In The Bad Girl’s Guide to the Open Road, Cameron Tuttle suggests the following technique for getting out of a DUI: If you get pulled over, immediately step out of the car with a bottle of your favorite liquor and chug a couple shots’ worth. The officer now has no way of proving you were drinking before you got out of the car. Interesting thought, but is this actually true? Perhaps the most the officer could do would be to cite you for public intoxication/open container in public?

State v. Lizotte (1993), police pulled the defendant over for speeding. He seemed drunk when questioned, had an open beer can on his dashboard, and blew BACs of .13 and .14. He was convicted of drunk driving but appealed the verdict, claiming he’d quickly downed the beer after being pulled over to avoid being charged with an open-container violation. Because he’d consumed alcohol after he’d stopped driving, he argued, the Breathalyzer test was invalid.

Nuh-uh, said the appeals court. Its implicit rationale: You’re operating a motor vehicle whenever you’re in control of it, not just when you’ve got it in motion. (In fact, people have been convicted of drunk driving for sleeping it off in a parked car.) That you claimed to have been stopped when you drank the beer makes no difference; you were still operating the vehicle.

You see what this means. If you’re in a jurisdiction that accepts a broad definition of operating a vehicle, chugging a bottle in front of a cop won’t help you, even if you’re physically outside the car. A court could easily conclude that technically you were still in control.

Despite its futility, the glove box defense apparently remains popular among New Jersey drunk drivers and their lawyers. In one 1999 incident, a guy had three beers at a tavern, then hit a car in the parking lot; he was subsequently convicted of DUI despite claiming that his BAC results were misleadingly high because following the collision he “drank whiskey from a VO bottle that he kept in his car.” More recently, the judge in a similar case noted, “To dismiss defendant’s charges based upon this finding would lead to the absurd result that anyone wishing to avoid a DWI conviction would merely have to drink alcohol after operation.” The glove box defense has been written up in practice guides for New Jersey lawyers as an example of a stunt not to try.”