| Alabama | Yes | a person | (c) This section shall not apply to: (1) A passenger of a motor vehicle designed, maintained, or primarily used for the transportation of persons for compensation and the driver holds a valid commercial driver's license. (2) A passenger of a bus for which the driver holds a valid commercial driver's license. (3) A passenger of a motorized or non-motorized self-contained camper, motor home, house coach, or house trailer. (4) A motor vehicle trunk, storage, or luggage compartment or a truck bed, storage, or cargo compartment. (5) A locked case placed in an area that is not readily accessible behind the front seat of a pickup truck which has no trunk or separate enclosed area other than the cab of the truck. (6) A driver who does not have knowledge of and cannot access alcoholic beverages in an open container in the passenger area of the vehicle. (7) A motor vehicle which is parked or idle and does not have the engine running. This does not apply to the right-of-way of a public highway. | (e) A person who violates the provisions of this section is guilty of a Class C misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25), and court costs shall not be assessed. | Source text |
| Alaska | Yes | A person may not drive a motor vehicle on a highway or vehicular way or area | (b) Except as provided in AS 28.33.130, a person may transport an open bottle, can, or other receptacle containing an alcoholic beverage (1) in the trunk of a motor vehicle; (2) on a motor driven cycle, or behind the last upright seat in a motor home, station wagon, hatchback, or similar trunkless vehicle, if the open bottle, can, or other receptacle is enclosed within another container; (3) behind a solid partition that separates the vehicle driver from the area normally occupied by passengers; or (4) if the open bottle, can, or other receptacle is in the possession of a passenger in a motor vehicle for which the owner receives direct monetary compensation and that has a capacity of 12 or more persons. | guilty of an infraction | Source text |
| Arizona | Yes | any person | C. This section does not apply to: 1. A passenger in any bus, limousine, taxi or transportation network company vehicle as defined in section 28-9551 while the vehicle is being used to provide transportation network services as defined in section 28-9551. 2. A passenger in the living quarters of a motor home as defined in section 28-4301. Passenger compartment does not include the trunk, a locked glove compartment or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. | guilty of a class 2 misdemeanor | Source text |
| Arkansas | Yes | Not verified | Not verified | Not verified | Source text |
| California | Yes | while you are driving or riding as a passenger in a vehicle | unless the container is kept in the trunk of the vehicle. (2) If the vehicle is not equipped with a trunk and is not an off-highway motor vehicle subject to identification, as defined in Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. For the purposes of this paragraph, a utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. 23229. (a) Except as provided in Section 23229.1, Section 23221, as it applies to an alcoholic beverage, and Section 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. (b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. (Amended by Stats. 2019, Ch. 636, Sec. 8. (AB 1810) Effective January 1, 2020.) | Not verified | Source text |
| Colorado | Yes | a person while in the passenger area of a motor vehicle | (b) The provisions of this subsection (2) shall not apply to: (I) Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; (II) The possession by a passenger, other than the driver or a front seat passenger, of an open alcoholic beverage container in the living quarters of a house coach, house trailer, motor home, as defined in section 42-1-102 (57), or trailer coach, as defined in section 42-1-102 (106); (III) The possession of an open alcoholic beverage container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or (IV) The possession of an open alcoholic beverage container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk. | (c) A person who violates the provisions of this subsection (2) commits a class A traffic infraction and shall be punished by a fine of fifty dollars and a surcharge of sixteen dollars as provided in section 42-4-1701 (4)(a)(I)(N). | Source text |
| Connecticut | Not verified | A person is guilty of drinking while operating a motor vehicle | Not verified | Drinking while operating a motor vehicle is a class C misdemeanor. | Source text |
| Delaware | Not verified | No person shall consume an alcoholic beverage while driving a motor vehicle upon the highways of this State. | Not verified | (b) Whoever violates this section shall be fined for the first offense not less than $25 nor more than $200. For each subsequent like offense occurring within 1 year of the previous offense, the person shall be fined not less than $50 nor more than $400. | Source text |
| District of Columbia | Yes | no person in the District | Not verified | shall be guilty of a misdemeanor | Source text |
| Florida | Yes | any person while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state | (3) An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle. (5) This section shall not apply to: (a) A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322; (b) A passenger of a bus in which the driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322; or (c) A passenger of a self-contained motor home which is in excess of 21 feet in length. (9) An alcoholic beverage that has been sealed by a licensee or the employee of a licensee and is transported pursuant to s. 564.09 , s. 561.20 (2)(a)4., or s. 565.045 (1) is not an open container under this section. | (6) Any operator of a vehicle who violates this section is guilty of a noncriminal moving traffic violation, punishable as provided in chapter 318. A passenger of a vehicle who violates this section is guilty of a nonmoving traffic violation, punishable as provided in chapter 318. | Source text |
| Georgia | Yes | any person | Subsection (a)(3) defines "passenger area" as the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position; provided, however, that such term does not include any locked glove compartment or, in a passenger car not equipped with a trunk, any area behind the rearmost upright seat or not normally occupied by the driver or passengers. | a fine not to exceed $200.00 | Source text |
| Hawaii | Yes | while operating a motor vehicle or moped while a passenger in a motor vehicle or on a moped | unless such container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers. (c) Subsection (a) shall not apply to a recreational or other vehicle not having a separate trunk compartment. Sections 291-3.2 and 291-3.3 shall not apply to a motor vehicle for hire which has been issued a certificate of public convenience or necessity, 1-7 passenger classification by the public utilities commission so long as the motor vehicle has a barrier between the driver and the passengers sufficient to prevent intoxicating liquor from being passed between them and only the passengers behind the barrier consume the intoxicating liquor. | shall be fined not more than $2,000 or imprisoned not more than thirty days, or both. guilty of a petty misdemeanor | Source text |
| Idaho | Yes | No person in a motor vehicle | Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment. unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle as that term is defined in section 49-119 , Idaho Code. | Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle, as defined in section 18-8004 , Idaho Code, and an infraction for other individuals violating this section. | Source text |
| Illinois | Yes | no driver no passenger | (c) This Section shall not apply to the passengers in a limousine when it is being used for purposes for which a limousine is ordinarily used, the passengers on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used or on a motor home or mini motor home as defined in Section 1-145.01 of this Code. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of such driver's failure to obey this Section. For the purposes of this Section, a limousine is a motor vehicle of the first division with the passenger compartment enclosed by a partition or dividing window used in the for-hire transportation of passengers and operated by an individual in possession of a valid Illinois driver's license of the appropriate classification pursuant to Section 6-104 of this Code. | Not verified | Source text |
| Indiana | Yes | A person in a motor vehicle | (a) This section does not apply to the following: (1) A container possessed by a person, other than the operator of the motor vehicle, who is in the: (A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or (B) living quarters of a house coach or house trailer. (2) A container located in a fixed center console or other similar fixed compartment that is locked. (3) A container located: (A) behind the last upright seat; or (B) in an area not normally occupied by a person; in a motor vehicle that is not equipped with a trunk. | commits a Class C infraction | Source text |
| Iowa | Yes | A person operating a motor vehicle upon a public street or highway A passenger in a motor vehicle upon a public street or highway | An open or unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported in the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk. 2. This section does not apply to a passenger being transported in a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or a passenger being transported in the living quarters of a motor home, motorsports recreational vehicle, manufactured or mobile home, travel trailer, or fifth-wheel travel trailer. | guilty of a simple misdemeanor punishable as a scheduled violation | Source text |
| Kansas | Yes | No person shall transport in any vehicle upon a highway or street any alcoholic beverage | (2) (A) in the locked rear trunk or rear compartment, or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion; or (B) if a motor vehicle is not equipped with a trunk, behind the last upright seat or in an area not normally occupied by the driver or a passenger; or (3) in the exclusive possession of a passenger in a vehicle which is a recreational vehicle, as defined by K.S.A. 75-1212, and amendments thereto, or a bus, as defined by K.S.A. 8-1406, and amendments thereto, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible. | (c) Violation of this section is a misdemeanor punishable by a fine of not more than $200 or by imprisonment for not more than six months, or both. | Source text |
| Kentucky | Yes | A person is guilty of possession of an open alcoholic beverage container in a motor vehicle | However, nothing in this section shall prohibit the possession of an open alcoholic beverage container by an individual who is strictly a passenger and not the driver, in the passenger area of a motor vehicle maintained or used primarily for the transportation of persons for compensation, such as buses, taxis, and limousines, or in a recreational vehicle, motor home, or motor coach. Passenger area does not include possession of an open alcoholic beverage container in a locked glove compartment, or behind the last upright seat or in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk. | Not verified | Source text |
| Louisiana | Yes | the operator of a motor vehicle or the passenger in or on a motor vehicle | It shall not mean a locked glove compartment or behind the last upright seat, or any area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk. F. The provisions of this Section shall not apply to the following persons or in the following areas: (1) Any person operating or occupying a motor vehicle who, as a condition of his employment and while acting in the course and scope of such employment, is required to carry open alcoholic beverage containers, provided that the operator or passenger does not consume the alcoholic beverages. (2) Any paid fare passenger on a common or contract carrier vehicle, as defined in R.S. 45:162. (3) Any paid fare passenger on a public carrier vehicle, as defined in R.S. 45:200.2. (4) Any passenger in a courtesy vehicle which is operated as a courtesy vehicle. (5) Any passenger of a self-contained motor home which is in excess of twenty-one feet in length. (6) Possession of an open container of alcoholic beverage in the trunk of a motor vehicle. (7) If the motor vehicle is not equipped with a trunk, possession of an open container or alcoholic beverages in any of the following areas: (a) In a locked glove or utility compartment. (b) In an area of the vehicle not normally occupied by, and not readily accessible, to the driver or passengers. (8) Passengers and krewe members riding on a parade float. (9) Any passenger in a privately owned limousine the driver of which possesses a Class D commercial driver's license. | D. (1) Whoever violates the provisions of this Section shall be fined not more than one hundred dollars. Court costs shall be assessed in addition to the fine authorized by this Subsection. | Source text |
| Maine | Yes | The operator of a vehicle on a public way is in violation of this section if the operator or a passenger in the passenger area of the vehicle: | 3. Exceptions. An operator of a vehicle is not in violation of this section if: A. The operator or a passenger possesses an open alcoholic beverage container in a vehicle not equipped with a trunk if the open alcoholic beverage container is located behind the last upright seat of the vehicle or in an area not normally occupied by the operator or passenger; [PL 1999, c. 293, §3 (NEW).] B. A passenger transported for a fee consumes alcohol or possesses an open alcoholic beverage container in a vehicle designed for the for-hire transportation of passengers other than a taxicab; [PL 1999, c. 293, §3 (NEW).] C. A passenger possesses an open alcoholic beverage container or a passenger consumes alcohol in the living quarters of a motor home, trailer, semitrailer or truck camper; or [PL 1999, c. 293, §3 (NEW).] D. The operator or the operator's employer holds a valid off-premise catering license issued under Title 28-A, section 1052 and the alcohol is being transported either to or from a catered event. [PL 1999, c. 293, §3 (NEW).] [PL 1999, c. 293, §3 (NEW).] | Not verified | Source text |
| Maryland | Yes | an occupant of a motor vehicle | (c) Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who is not the driver, in: (1) a motor vehicle designed, maintained, and used primarily for the transportation of a person for compensation, including: (i) a bus; (ii) a taxicab; or (iii) a limousine; or (2) the living quarters of a motor home, motor coach, or recreational vehicle. | Not verified | Source text |
| Massachusetts | Yes | Whoever | provided, however, that the passenger area shall not include a motor vehicle's trunk or a locked glove compartment or, if a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger. (c) This section shall not apply to (1) the passengers of a motor vehicle designed, maintained and used for the transportation of persons for compensation, or (2) the living quarters of a house coach or house trailer. | a fine of not less than $100 nor more than $500 | Source text |
| Michigan | Yes | a person who is an operator or occupant | (2) Except as otherwise provided in subsection (5), a person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this state, if the vehicle does not have a trunk or compartment separate from the passenger area, and the container is in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the operator or a passenger. (4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department. | guilty of a misdemeanor | Source text |
| Minnesota | Yes | a person | § Subd. 6. Exceptions. (a) This section does not prohibit the possession or consumption of alcoholic beverages by passengers in: (1) a bus that is operated by a motor carrier of passengers, as defined in section 221.012, subdivision 26 ; (2) a vehicle that is operated for commercial purposes in a manner similar to a bicycle as defined in section 169.011, subdivision 4 , with five or more passengers who provide pedal power to the drive train of the vehicle; or (3) a vehicle providing limousine service as defined in section 221.84, subdivision 1 . (b) Subdivisions 3 and 4 do not apply to a bottle or receptacle that is in the trunk of the vehicle if it is equipped with a trunk, or that is in another area of the vehicle not normally occupied by the driver and passengers if the vehicle is not equipped with a trunk. However, a utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. | guilty of a misdemeanor | Source text |
| Mississippi | Not verified | Not verified | Not verified | Not verified | Source text |
| Missouri | Not verified | A person commits the offense of consumption of an alcoholic beverage while driving | Not verified | is an infraction | Source text |
| Montana | Yes | a person commits the offense of unlawful possession | (2) This section does not apply to an open alcoholic beverage container: (a) in a locked glove compartment or storage compartment; (b) in a motor vehicle trunk or luggage compartment or rack, or in a truck bed or cargo compartment; (c) behind the last upright seat of a motor vehicle that is not equipped with a trunk; (d) in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger; or (e) in the immediate possession of a passenger: (i) of a bus, taxi, or limousine that is used for the transportation of persons for compensation and that includes the provision of a hired driver; or (ii) in the living quarters of a camper, travel trailer, or motor home. | shall be fined an amount not to exceed $100 | Source text |
| Nebraska | Yes | any person in the passenger area of a motor vehicle | Passenger area does not include the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk. (4) This section does not apply to persons who are passengers of, but not drivers of, a limousine or bus being used in a charter or special party service as defined by rules and regulations adopted and promulgated by the Public Service Commission and subject to Chapter 75, article 3. Such passengers may possess open alcoholic beverage containers and may consume alcoholic beverages while such limousine or bus is in a public parking area or on any highway in this state if (a) the driver of the limousine or bus is prohibited from consuming alcoholic liquor and (b) alcoholic liquor is not present in any area that is readily accessible to the driver while in the driver's seat, including any compartments in such area. | Not verified | Source text |
| Nevada | Yes | a person | This subsection does not apply to: (a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation; or (b) The living quarters of a house coach or house trailer, but does apply to the driver of such a motor vehicle who is in possession or control of an open container of an alcoholic beverage. | it is a misdemeanor | Source text |
| New Hampshire | Yes | no driver no passenger | Securely capped partially filled containers of liquor or beverages shall be stored and transported in the trunk of the motor vehicle or OHRV. If the motor vehicle or OHRV does not have a trunk, such containers shall be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver. V. This section shall not apply to persons transporting, carrying, possessing, or having any liquor, beverage, or marijuana in a chartered bus, in a taxi, or in a limousine for hire; provided, however, that the driver of any of said vehicles is prohibited from having any liquor, beverage, or marijuana in or about the driver's area. VI. For the purposes of this section only: (a) "Passenger area of any motor vehicle or OHRV" shall not include any section of a motor vehicle or OHRV which has been designed or modified for the overnight accommodation of persons or as living quarters. | IV. A person who violates this section shall be guilty of a violation and shall be subject to a fine of $150. In addition, a person who violates paragraph II or II-a of this section may have his or her drivers' license, if a resident, or driving privilege, if a nonresident, suspended 60 days for a first offense and up to one year for a second or subsequent offense. | Source text |
| New Jersey | Yes | Driving or riding with an open container | Not verified | 1st $200 2nd $250 10 days | Source text |
| New Mexico | Not verified | Not verified | Not verified | Not verified | Source text |
| New York | Yes | Any operator or passenger | The provisions of this section shall not be deemed to prohibit the drinking of alcoholic beverages, the consumption of cannabis by means other than burning, or the possession of an open container containing an alcoholic beverage by passengers in passenger vehicles operated pursuant to a certificate or permit issued by the department of transportation or the United States department of transportation. Furthermore, the provisions of this section shall not be deemed to prohibit the possession of wine which is: (a) resealed in accordance with the provisions of subdivision four of section eighty-one of the alcoholic beverage control law; and (b) is transported in the vehicle's trunk or is transported behind the last upright seat or in an area not normally occupied by the driver or passenger in a motor vehicle that is not equipped with a trunk. 2. For the purposes of this section, a passenger vehicle shall mean a vehicle designed to carry ten or more passengers and used to carry passengers for profit or hire. | guilty of a traffic infraction | Source text |
| North Carolina | Yes | No person | (a2) Exception. - It shall not be a violation of subsection (a1) of this section for a passenger to possess an alcoholic beverage other than in the unopened manufacturer's original container, or for a passenger to consume an alcoholic beverage, if the container is: (1) In the passenger area of a motor vehicle that is designed, maintained, or used primarily for the transportation of persons for compensation; (2) In the living quarters of a motor home or house car as defined in G.S. 20-4.01(27)k.; or (3) In a house trailer as defined in G.S. 20-4.01(14). The area of the trunk or the area behind the last upright back seat of a station wagon, hatchback, or similar vehicle shall not be considered part of the passenger area. | Violation of subsection (a1) of this section shall be an infraction Violation of subsection (a) of this section shall be a Class 3 misdemeanor for the first offense and shall be a Class 2 misdemeanor for a second or subsequent offense. | Source text |
| North Dakota | Yes | A person may not have in that person's possession on that person's person | except when such bottle or receptacle is kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. A utility compartment or glove compartment must be deemed to be within the area occupied by the driver and passengers. This subsection does not prohibit the consumption or possession of alcoholic beverages in a house car if the consumption or possession occurs in the area of the house car used as sleeping or living quarters and that area is separated from the driving compartment by a solid partition, door, curtain, or some similar means of separation; however, consumption is not authorized while the house car is in motion. 2. Subsection 1 does not apply to a public conveyance that has been commercially chartered for group use, any passenger for compensation in a for-hire motor vehicle, or a privately owned motor vehicle operated by a person in the course of that person's usual employment transporting passengers at the employer's direction. This subsection does not authorize possession or consumption of an alcoholic beverage by the operator of any motor vehicle described in this subsection while upon a public highway or in an area used principally for public parking. | must be assessed a fee of fifty dollars | Source text |
| Ohio | Yes | No person | (D) This section does not apply to a person who pays all or a portion of the fee imposed for the use of a chauffeured limousine pursuant to a prearranged contract, or the guest of the person, when all of the following apply: (1) The person or guest is a passenger in the limousine. (2) The person or guest is located in the limousine, but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located. (3) The limousine is located on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking. (E) An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply: (1) The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises. The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with. (2) The opened bottle of wine that is resealed in accordance with division (E)(1) of this section is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver. | Not verified | Source text |
| Oklahoma | Yes | any operator to knowingly transport or for any passenger to possess | unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment in a station wagon or panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion. C. The provisions of subsection A of this section shall not apply to the passenger area of buses and limousines; however, it shall be unlawful for the driver of the bus or limousine to consume or have in the driver's immediate possession any intoxicating beverage or low-point beer. | shall be deemed guilty of a misdemeanor | Source text |
| Oregon | Yes | A person commits the offense | (B) This paragraph does not apply if the bottle, can or other receptacle is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. (C) For purposes of this paragraph, a utility compartment or glove compartment is considered within the area occupied by the driver and passengers. (D) This paragraph does not apply to the living quarters of a camper or motor home. (2) The offense described in this section does not apply to passengers in a motor vehicle operated by a common carrier and used primarily to carry passengers for hire. | is a Class B traffic violation | Source text |
| Pennsylvania | Yes | an individual who is an operator or an occupant in a motor vehicle | (b) Exception.-- This section does not prohibit possession or consumption by any of the following: (1) A passenger in the passenger area of a motor vehicle designed, maintained or used primarily for the lawful transportation of persons for compensation. This paragraph includes buses, taxis and limousines. (2) An individual in the living quarters of a house coach or house trailer. | commits a summary offense | Source text |
| Rhode Island | Yes | No person shall operate a motor vehicle | (c) The operator of a rented limousine or bus shall not be subject to the provisions of this section provided neither the operator nor any passenger under the age of twenty-one (21) is in possession of any unsealed alcoholic beverage container. | (b) Any person found in violation of this section may be fined not more than two hundred dollars ($200) or have his or her driver's license suspended for up to six (6) months, or both, for the first violation, and for each subsequent violation may be fined not more than five hundred dollars ($500) or have his or her driver's license suspended for up to one year, or both. | Source text |
| South Carolina | Yes | a person | except in the trunk or luggage compartment, beer or wine in an open container in a motor vehicle of any kind while located upon the public highways or highway rights of way of this State. This section must not be construed to prohibit the transporting of beer or wine in a closed container, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. | A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days. | Source text |
| South Dakota | Yes | any person occupying a motor vehicle | the alcoholic beverage is so removed from the passenger area of the motor vehicle that no occupant of the motor vehicle has access to it. | It is a Class 2 misdemeanor | Source text |
| Tennessee | Yes | Drivers | Not verified | Not verified | Source text |
| Texas | Yes | A person commits an offense | The term does not include: (A) a glove compartment or similar storage container that is locked; (B) the trunk of a vehicle; or (C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. (c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in: (1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or (2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle. | is a Class C misdemeanor | Source text |
| Utah | Yes | A person may not keep, carry, possess, transport, or allow another to keep, carry, possess, or transport | (iii) "Passenger compartment" does not include a separate front or rear trunk compartment or other area of the vehicle not accessible to the operator or passengers while inside the vehicle. (4) Subsections (2) and (3) do not apply to a passenger: (a) in the living quarters of a motor home or camper; (b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in compliance with Subsections 32B-4-415(4)(b) and (c); or (c) in a motorboat on the waters of the state. (5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus. | is a class C misdemeanor | Source text |
| Vermont | Yes | A person operating a motor vehicle on a public highway a passenger in a motor vehicle | (2) "Passenger area" shall mean the area designed to seat the operator and passengers while the motor vehicle is in operation and any area that is readily accessible to the operator or passengers while in their seating positions, including the glove compartment, unless the glove compartment is locked. In a motor vehicle that is not equipped with a trunk, the term shall exclude the area behind the last upright seat or any area not normally occupied by the operator or passengers. (d) A person, other than the operator, may possess an open container that contains an alcoholic beverage in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or trailer coach. | shall be assessed a civil penalty of not more than $25.00. | Source text |
| Virginia | Not verified | any person to consume an alcoholic beverage while driving a motor vehicle | "Passenger area" does not include the trunk of any passenger vehicle, the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle, or any similar vehicle, the living quarters of a motor home, or the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons. | punishable as a Class 4 misdemeanor | Source text |
| Washington | Yes | a person | unless the container is kept in the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. (4) This section does not apply to a public conveyance that has been commercially chartered for group use or to the living quarters of a motor home or camper or, except as otherwise provided by RCW 66.44.250 or local law, to any passenger for compensation in a for hire vehicle licensed under city, county, or state law, or to a privately owned vehicle operated by a person possessing a valid operator's license endorsed for the appropriate classification under chapter 46.25 RCW in the course of his or her usual employment transporting passengers at the employer's direction: PROVIDED, That nothing in this subsection shall be construed to authorize possession or consumption of an alcoholic beverage by the operator of any vehicle while upon a highway. | It is a traffic infraction | Source text |
| West Virginia | Yes | the operator or a passenger of a motor vehicle | (c) The provisions of this section are not applicable to a passenger: (1) In the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation including, but not limited to, a bus, taxicab or limousine; or (2) In the living quarters of a motorized or nonmotorized house coach, house trailer, motor home or self-contained camper. | (d) A person who violates the provisions of subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $100. | Source text |
| Wisconsin | Yes | No person may possess on his or her person | This subsection does not apply if the bottle or receptacle is kept in the trunk of the ve- hicle or, if the vehicle has no trunk, in some other area of the ve- hicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is considered to be within the area normally occupied by the driver and passengers. (b) This section does not apply to passengers in a limousine or in a motor bus who possess any bottle or receptacle containing al- cohol beverages that has been opened, on which the seal has been broken or the contents of which have been partially removed or released if the vehicle is operated by a chauffeur holding a valid license and endorsements authorizing operation of the vehicle as provided in ch. 343 and is in compliance with any local ordinance or regulation adopted under s. 349.24. | Not verified | Source text |
| Wyoming | Yes | No person shall consume, transport or possess any alcoholic beverage in a motor vehicle | (ii) In the trunk or any other outside compartment of the vehicle that is not readily accessible to any person in the vehicle while the vehicle is in motion; (iii) In the unoccupied back of a pickup truck out of reach of the driver even though access is available through a window; (iv) In an unoccupied rear compartment of a vehicle not equipped with a trunk or other outside compartment and the rear compartment is not readily accessible to the driver and not normally occupied by passengers while the vehicle is in motion; or (v) Secured in a cabinet or compartment of a recreational vehicle, and the cabinet or compartment is not readily accessible to the driver while the recreational vehicle is in motion. The alcoholic beverage shall remain secured and shall not be accessed by the driver or any passenger at any time the vehicle is in motion. (d) This section shall not apply to any passenger in the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of passengers for compensation. The driver of any vehicle under this subsection is prohibited from consuming or having an alcoholic beverage within the driver's zone of control. (e) This section shall not apply within the boundaries of any incorporated municipality that has adopted an ordinance prohibiting transportation or possession of any open container of an alcoholic beverage in a vehicle on a public street or public highway. | (c) Any person violating the provisions of this section shall: (i) For a first conviction or a subsequent conviction not occurring within one (1) year after the first conviction, be punished by a fine of not more than two hundred dollars ($200.00); (ii) For a second conviction within one (1) year after the first conviction, be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days, or both; (iii) For a third or subsequent conviction within one (1) year after the first conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both. | Source text |