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189.530 Providing motor vehicle to person intoxicated or under influence of substance which may impair driving ability -- Possession of open alcoholic beverage container in a motor vehicle prohibited

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189.530 Providing motor vehicle to person intoxicated or under influence of substance which may impair driving ability -- Possession of open alcoholic <br>beverage container in a motor vehicle prohibited -- Exceptions -- Definitions -- <br>Election of offenses to prosecute. (1) No person shall provide a motor vehicle to another to operate upon a highway, knowing that the other person is in an intoxicated condition, or under the influence <br>of any substance which may impair one's driving ability. (2) A person is guilty of possession of an open alcoholic beverage container in a motor vehicle, when he or she has in his or her possession an open alcoholic beverage <br>container in the passenger area of a motor vehicle located on a public highway or on <br>the right-of-way of a public highway. However, nothing in this section shall prohibit <br>the possession of an open alcoholic beverage container by an individual who is <br>strictly a passenger and not the driver, in the passenger area of a motor vehicle <br>maintained or used primarily for the transportation of persons for compensation, <br>such as buses, taxis, and limousines, or in a recreational vehicle, motor home, or <br>motor coach. (3) For purposes of this section, &quot;alcoholic beverage&quot; means: (a) Beer, ale, porter, stout, and other similar fermented beverages including sake or similar products of any name or description containing one-half of one <br>percent (0.5%) or more of alcohol by volume, brewed or produced from malt, <br>wholly or in part, or from any substitute therefor; (b) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or <br>(c) Distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form including all dilutions and mixtures thereof from <br>whatever source or by whatever process produced. (4) For the purposes of this section, &quot;open alcoholic beverage container&quot; means any bottle, can, or other receptacle that contains any amount of alcoholic beverage, and: <br>(a) Is open or has a broken seal; or <br>(b) The contents of which are partially removed. (5) For the purposes of this section, &quot;passenger area&quot; means the area designed to seat the driver and the passengers while the motor vehicle is in operation and any area <br>that is readily accessible to the driver or a passenger while in their seating positions, <br>including the glove compartment. Passenger area does not include possession of an <br>open alcoholic beverage container in a locked glove compartment, or behind the last <br>upright seat or in an area not normally occupied by the driver or a passenger in a <br>motor vehicle that is not equipped with a trunk. (6) For the purpose of this section, &quot;public highway&quot; or &quot;right-of-way of a public highway&quot; means the entire width between and immediately adjacent to the boundary <br>lines of every way publicly maintained when any part thereof is open to the use of <br>the public for purposes of vehicular travel. (7) No person shall, as a result of a single course of conduct, be tried for or convicted of a violation of this section and a violation of KRS 222.202 or 525.100. The attorney <br>for the Commonwealth shall elect under which statute to proceed. A conviction, decision not to prosecute, or dismissal of charges under any of these statutes shall <br>operate as a bar to prosecution under any other of these statutes for offenses arising <br>out of the same course of conduct. Effective: October 1, 2000 <br>History: Amended 2000 Ky. Acts ch. 467, sec. 18, effective October 1, 2000. -- Amended 1984 Ky. Acts ch. 165, sec. 19, effective July 13, 1984. -- Recodified 1942 <br>Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1376r-2.