§ 31-5-235 — Consumption and possession of alcoholic beverages in opened containers by operator of vehicle prohibited; definitions; penalty

Wyoming § 31-5-235

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 5: REGULATION OF TRAFFIC ON HIGHWAYS
• Art. 2: OPERATION OF VEHICLES GENERALLY

Text

(a) As used in this section;
(i) "Alcoholic beverage" means alcoholic liquor or
malt beverage as defined in W.S. 12-1-101(a)(i), (vii) and (x);
(ii) "Recreational vehicle" means a self-propelled
motor vehicle designed primarily with living quarters for
recreational, camping, vacation or travel use but excludes any
vehicle that does not have plumbing and an electrical system
that operates above twelve (12) volts.
(b) No person shall consume, transport or possess any
alcoholic beverage in a motor vehicle while the motor vehicle is
in motion on a public street or public highway unless the
beverage is:
(i) In the original unopened package or container,
the seal of which has not been broken and from which the
original cap, cork or other means of closure has not been
removed. Notwithstanding this section, a resealed bottle of
wine may be transported as provided in W.S. 12-4-410(e);
(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.
(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.
(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.