5-0 talked about this on the Morning Rush this morning. He said this scenario plays out more than you'd realize with your average traffic stop and it is up to the discretion of the officer to assess the situation and handle how they feel appropriate. He said if there was no concern of him being impaired then would be hard to go down the OWI path and have it stand up if challenged in court. Also said the open vodka bottle we don't know where it was in the vehicle and if there was any evidence he could have been drinking it while driving so it's another circumstantial situation. He compared it to what if you were at a party of function and took open an open bottle of wine or liquor, just because it is open does not mean the driver was consuming it while driving.