Does this apply to the "open container law?

it appears this law only applies to beer

?? Really?

Had no idea it just applied to beer. Logically, the scene you describe should be a violation. But if the law applies only to beer, maybe it isn’t a violation. It should be.

Of course it’s a violation of law. Anyone old enough to drink should be able to make this determination.

Hard to give an answer, without reading the full content of the law. is there a site where the law can be read in its entirety? ;)

That said, I would be surprised to hear it was just beer. (Evidently, the state doesn’t want their highway funds?) From here:

To comply with the federal program, a state’s open container law must:

1. prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage;

2. cover the passenger area of any motor vehicle, including unlocked glove compartments and any other areas of the vehicle that are readily accessible to the driver or passengers while in their seats;

3. apply to all open alcoholic beverage containers and all alcoholic beverages, including beer, wine, and spirits that contain 0. 5% or more of alcohol by volume (including 3. 2% beer);

4. apply to all vehicle occupants except for passengers of vehicles designed, maintained, or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines), or the living quarters of motor homes;

5. apply to all vehicles on a public highway or the right-of-way (i. e. on the shoulder) of a public highway; and

6. require primary enforcement of the law, rather than requiring probable cause that another violation had been committed before allowing enforcement of the open container law.

the straw is what makes it an open container

I don’t think it applies. I’ve had sodas in a college computer lab in a container like that and they don’t say anything. I know there’s a big difference

In CA you can’t have booze in the car such that you’ll be able to drink it.

why not just call the Police Station and ask them? It’s not like they’re gonna come arrest you just for asking.