Section 21-903 - Consumption of alcoholic beverages while driving on highway.

§ 21-903. Consumption of alcoholic beverages while driving on highway.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Alcoholic beverage" means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes. 

(3) (i) "Passenger area" means an area that: 

1. Is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or 

2. Is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions. 

(ii) "Passenger area" does not include: 

1. A locked glove compartment; 

2. The trunk of a motor vehicle; or 

3. If a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle. 

(b)  Application of section.- This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway. 

(c)  Consumption of alcohol prohibited.- A driver of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway. 

(d)  Scope.- Notwithstanding Article 2B, Title 19 of the Code or any other provision of law, the prohibition contained in this section applies throughout the State. 
 

[1985, ch. 504; 2002, chs. 108, 109; 2006, ch. 127.]