This means that in these 39 states, it is considered a violation of an open container law if a container of alcohol is found in one of the following areas of a motor vehicle: Forty-two states, Guam, and the District of Columbia have laws that allow customers to remove partially consumed bottles of wine from restaurants through state laws. Delaware law applies to alcoholic beverages other than beer. Hawaiian law applies to wine, spirits or beer. Guam and Kansas laws apply to alcoholic spirits, while Vermont law applies to wine or specialty beer. Washington law applies to wine and sake. Arkansas and Virginia have provisions in the administrative code. Idaho Code §23-505 (1) Legally purchased alcoholic spirits may be transported, but no person shall open or cause to be opened, or cause to be drunk, or use alcoholic liquor in a container during transport. However, an unsealed alcoholic beverage container may be transported in a closed trunk or behind the last right seat of a vehicle without a trunk. (2) No person in a motor vehicle when the vehicle is on a highway or on the right-of-way of a highway shall drink or possess an open beverage containing alcoholic beverages within the meaning of sections 23-105 of the Idaho Code, beer within the meaning of section 23-1001 of the Idaho Code, or wine within the meaning of section 23-1303 of the Idaho Code, unless that person is a passenger in the cabin of a motor vehicle. maintained or used primarily for the transportation of persons for remuneration or in the living quarters of a recreational vehicle, as that term is defined in § 49-119 of the Idaho Code.
A violation of this section is a misdemeanor for the person who has actual physical control of the vehicle, as defined in § 18-8004 of the Idaho Code, and a violation against other persons who violate this section. Idaho Code §23-1333 No person shall possess wine in an open or unsealed container of any kind while driving or driving in or on a motor vehicle on a highway of that State. While adult drivers may have an open container in their trunk, underage drivers and passengers are not allowed to have alcohol anywhere in their vehicle. Since Delaware doesn`t have an open container law, you might think it`s technically legal to possess alcohol in open spaces. But if there is no local ordinance that explicitly allows this, you need to be careful. Across the country, only a handful of cities have laws that allow containers open in public, including New Orleans, Las Vegas and Sonoma, California. 28.35.029 (a) No person shall drive a motor vehicle on a highway or on a vehicle lane or zone if there is an open bottle, can or other container containing an alcoholic beverage in the passenger compartment of the vehicle, except as provided in subparagraph (b) of this section. (b) Unless otherwise specified in AS 28.33.130, a person may transport an open bottle, can or other container containing an alcoholic beverage (1) in the trunk of a motor vehicle; (2) on a motorized bicycle or behind the last right seat of a motorhome, station wagon, tailgate or similar vehicle, if the open bottle, can or other container is enclosed in another container; 3.
behind a fixed partition separating the driver from the area normally occupied by passengers; (4) if the open bottle, can or other container is in the possession of a passenger in a motor vehicle for which the owner receives direct financial compensation and which has a capacity of 12 persons or more. (c) In this section (1), “alcoholic beverage” has the meaning given in AS 04.21.080(b); (2) Repealed. 3. `motor vehicle` means a vehicle for which a driving licence is required; 4. `open` means a broken seal; 5. `passenger compartment` means the area normally occupied by the driver and passengers, including a service compartment or glove compartment, accessible to the driver or front passenger while the motor vehicle is being driven. (d) A person who violates (a) this section is guilty of a violation. Ariz. Rev. Stat. Ann.
§4-251 A. It is illegal for any person: 1. to consume spirits while driving or in the passenger compartment of a motor vehicle located on a highway or right-of-way in that state. 2. Possession of an open container of liquor in the passenger compartment of a motor vehicle located on a highway or right-of-way of a highway in that State. B. A person who contravenes paragraph A of this section is guilty of a Class 2 offence. C. This Article does not apply to: 1. A passenger in a bus, limousine, taxi or transportation network company vehicle in accordance with § 28-9551 while the vehicle is used to provide transportation network services in accordance with § 28-9551. 2. A passenger in the living quarters of a motorhome within the meaning of §28-4301.
For the purposes of this Section: 1. `motor vehicle` means any mechanically propelled or towed vehicle intended primarily for use on public roads. Motor vehicles are not vehicles that run exclusively on rails. (2) `open container` means any bottle, can, glass, container or other container containing spirit drinks which has been opened, sealed or partially removed, supplied in accordance with point (c) of Article 4-244(32). 3. `passenger compartment` means the surface of a motor vehicle intended for the seating position of the driver and other passengers; The cabin includes an unlocked glove box and all unlocked portable devices within the immediate reach of the driver or passengers. The passenger compartment does not include the baggage compartment, a locked glove compartment or the area behind the last right seat of a motor vehicle that is not equipped with a trunk. 4. “Public road or right-of-way” means the entire width between and immediately adjacent to the boundaries of each trail maintained by the federal government, such state, county, city or city, if any portion of the trail is generally open for use by the public for the movement of vehicles.