§ 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.

HISTORY: 1985, ch. 504; 2002, chs. 108, 109; 2006, ch. 127.