Pennsylvania § 3809 Restriction on alcoholic beverages

Pennsylvania Statutes

§ 3809 — Restriction on alcoholic beverages

Pennsylvania § 3809

Title 75VEHICLES

PartPART III

Ch. 38DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS

This text of Pennsylvania § 3809 (Restriction on alcoholic beverages) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

75 Pa. Cons. Stat. § 3809 (2026).

Text

(a)General rule.--Except as set forth in subsection (b), an individual who is an operator or an occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a controlled substance as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this Commonwealth.

(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 livi

Free access — add to your briefcase to read the full text and ask questions with AI

(a) General rule.--Except as set forth in subsection (b), an individual who is an operator or an occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a controlled substance as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this Commonwealth.

(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.

(c) Penalty.--An individual who violates this section commits a summary offense.