§ 5-71-218 — Possession of open container containing alcohol in a motor vehicle

(a) It is unlawful for a person to possess an open alcoholic beverage container within an area of a motor vehicle if the area of the motor vehicle is: (1) Designated to seat the driver or a passenger in the motor vehicle; or (2) Readily accessible to the driver or a passenger in the motor vehicle while in a seated position and the motor vehicle is located on a public highway or the right-of-way of a public highway. (b) It is not an offense under this section if the open alcoholic beverage container is possessed: (1) Outside of the passenger area of the motor vehicle or other area of the motor vehicle commonly used for the transportation of passengers, such as in the trunk or cargo area of the motor vehicle; (2) In a locked area of the motor vehicle, including without limitation a glove compartment or center console of the motor vehicle; (3) 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; or (4) By a passenger in the motor vehicle, but not the driver, as long as the open alcoholic beverage container is possessed within the living quarters of the motor vehicle or the area of the motor vehicle that is designated for passengers only, the open alcoholic beverage container is not readily accessible to the driver of the motor vehicle, and the motor vehicle is: (A) Designed, maintained, or used primarily for the transportation of persons for compensation; or (B) A recreational vehicle, motor home, or house trailer. (c) A violation of this section is a Class C misdemeanor.

Legislative History

Amended by Act 2018EX2, No. 7,§ 2, eff. 7/24/2019. Amended by Act 2018EX2, No. 4,§ 2, eff. 7/24/2019. Added by Act 2017, No. 849,§ 1, eff. 8/1/2017.