§ 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.
NOTES:
CASES & EXAMPLES:
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