41-6a-526 (Effective 07/01/11) - Drinking alcoholic beverage and open containers in motor vehicle prohibited -- Definitions -- Exceptions.
41-6a-526 (Effective 07/01/11). Drinking alcoholic beverage and open containers inmotor vehicle prohibited -- Definitions -- Exceptions.
(1) As used in this section:
(a) "Alcoholic beverage" has the same meaning as defined in Section 32B-1-102.
(b) "Chartered bus" has the same meaning as defined in Section 32B-1-102.
(c) "Limousine" has the same meaning as defined in Section 32B-1-102.
(d) (i) "Passenger compartment" means the area of the vehicle normally occupied by theoperator and passengers.
(ii) "Passenger compartment" includes areas accessible to the operator and passengerswhile traveling, including a utility or glove compartment.
(iii) "Passenger compartment" does not include a separate front or rear trunkcompartment or other area of the vehicle not accessible to the operator or passengers while insidethe vehicle.
(e) "Waters of the state" has the same meaning as defined in Section 73-18-2.
(2) A person may not drink any alcoholic beverage while operating a motor vehicle orwhile a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on anyhighway or waters of the state.
(3) A person may not keep, carry, possess, transport, or allow another to keep, carry,possess, or transport in the passenger compartment of a motor vehicle, when the vehicle is on anyhighway or waters of the state, any container which contains any alcoholic beverage if thecontainer has been opened, its seal broken, or the contents of the container partially consumed.
(4) Subsections (2) and (3) do not apply to a passenger:
(a) in the living quarters of a motor home or camper;
(b) who has carried an alcoholic beverage onto a limousine or chartered bus that is incompliance with Subsections 32B-4-415(4)(b) and (c); or
(c) in a motorboat on the waters of the state.
(5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus.
Amended by Chapter 256, 2010 General Session
Amended by Chapter 276, 2010 General Session