40-6-253. Consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area.

As used in this Code section, the term:#

1. (1)

   ‘‘Alcoholic beverage’’ means:#

   1. (A)

      Beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;#

   2. (B)

      Wine of not less than one-half of 1 percent of alcohol by volume; or#

   3. (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 whatever source or by whatever process produced.#

2. (2)

   ‘‘Open alcoholic beverage container’’ means any bottle, can, or other receptacle that:#

   1. (A)

      Contains any amount of alcoholic beverage; and#

   2. (B)

      1. (i)

         Is open or has a broken seal; or#

      2. (ii)

         The contents of which are partially removed.#

      3. A container that has been sealed or resealed pursuant to Code Section 3-5-4 or 3-6-4 shall not constitute an open alcoholic beverage container for purposes of this Code section.

3. (3)

   ‘‘Passenger area’’ means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position; provided, however, that such term does not include any locked glove compartment or, in a passenger car not equipped with a trunk, any area behind the rearmost upright seat or not normally occupied by the driver or passengers.#

1. (1)

   A person shall not:#

   1. (A)

      Consume any alcoholic beverage; or#

   2. (B)

      Possess any open alcoholic beverage container#

   3. in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway.

2. (2)

   The provisions of paragraph (1) of this subsection shall not apply to any passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or house trailer.#

3. (3)

   Only a person who consumes an alcoholic beverage or possesses an open alcoholic beverage container in violation of this Code section shall be charged with such offense; provided, however, that an operator of a motor vehicle who is alone in the passenger area of such motor vehicle shall be deemed to be in possession of any open alcoholic beverage container in such passenger area.#

Any person who violates this Code section is subject to a fine not to exceed $200.00.#