Md. TRANSPORTATION Code Ann. § 21-903

§ 21-903. Consumption of alcoholic beverages while driving on highway

(a)  Definitions. —

(1)  In this section the following words have the meanings indicated.

(2)  “Alcoholic beverage” means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes.

(3)  (i) “Passenger area” means an area that:

1.  Is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or

2.  Is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions.

(ii)  “Passenger area” does not include:

1.  A locked glove compartment;

2.  The trunk of a motor vehicle; or

3.  If a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle.

(b)  Application of section. —  This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway.

(c)  Consumption of alcohol prohibited. —  A driver of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway.

(d)  Scope. —  Notwithstanding § 6-320, § 6-321, or § 6-322 of the Alcoholic Beverages Article, or any other provision of law, the prohibition contained in this section applies throughout the State.



Similar Law in Other Jurisdictions

  • Pennsylvania: § 3809: Restriction on alcoholic beverages
  • Virginia: Virginia Code 18.2-323.1: Drinking while operating a motor vehicle; possession of open container while operating a motor vehicle and presumption; penalty