{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-323.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-323.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-323.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-323.1.html"}],"law_id":77662,"edition_id":1,"section_id":77662,"structure_id":12974,"section_number":"18.2-323.1","catch_line":"Drinking while operating a motor vehicle; possession of open container while operating a motor vehicle and presumption; penalty","history":"1989, c. 343; 2002, c. 890; 2022, cc. 78, 79.","full_text":"A\n\nIt is unlawful for any person to consume an alcoholic beverage while driving a motor vehicle upon a public highway of the Commonwealth.B\n\nUnless the driver is delivering alcoholic beverages in accordance with the provisions of § 4.1-212.1, a rebuttable presumption that the driver has consumed an alcoholic beverage in violation of this section shall be created if (i) an open container is located within the passenger area of the motor vehicle, (ii) the alcoholic beverage in the open container has been at least partially removed, and (iii) the appearance, conduct, odor of alcohol, speech, or other physical characteristic of the driver of the motor vehicle may be reasonably associated with the consumption of an alcoholic beverage.C\n\nFor the purposes of this section:\n\t\t\t“Open container” means any vessel containing an alcoholic beverage, except the originally sealed manufacturer’s container.\n\t\t\t“Passenger area” means the area designed to seat the driver of any motor vehicle, any area within the reach of the driver, including an unlocked glove compartment, and the area designed to seat passengers. “Passenger area” does not include the trunk of any passenger vehicle, the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle, or any similar vehicle, the living quarters of a motor home, or the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons.D\n\nA violation of this section is punishable as a Class 4 misdemeanor.","order_by":null,"text":{"0":{"id":278549,"text":"It is unlawful for any person to consume an alcoholic beverage while driving a motor vehicle upon a public highway of the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278550,"text":"Unless the driver is delivering alcoholic beverages in accordance with the provisions of § 4.1-212.1, a rebuttable presumption that the driver has consumed an alcoholic beverage in violation of this section shall be created if (i) an open container is located within the passenger area of the motor vehicle, (ii) the alcoholic beverage in the open container has been at least partially removed, and (iii) the appearance, conduct, odor of alcohol, speech, or other physical characteristic of the driver of the motor vehicle may be reasonably associated with the consumption of an alcoholic beverage.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":278551,"text":"For the purposes of this section:\n\t\t\t“Open container” means any vessel containing an alcoholic beverage, except the originally sealed manufacturer’s container.\n\t\t\t“Passenger area” means the area designed to seat the driver of any motor vehicle, any area within the reach of the driver, including an unlocked glove compartment, and the area designed to seat passengers. “Passenger area” does not include the trunk of any passenger vehicle, the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle, or any similar vehicle, the living quarters of a motor home, or the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":278552,"text":"A violation of this section is punishable as a Class 4 misdemeanor.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12974,"edition_id":1,"name":"Miscellaneous Dangerous Conduct","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 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vehicle; possession of open container while operating a motor vehicle and presumption; penalty","url":"\/18.2-323.1\/","token":"18.2\/7\/8\/18.2-323.1","metadata":false},{"id":73759,"structure_id":12974,"section_number":"18.2-324","catch_line":"Throwing or depositing certain substances upon highway; removal of such substances","url":"\/18.2-324\/","token":"18.2\/7\/8\/18.2-324","metadata":false},{"id":63918,"structure_id":12974,"section_number":"18.2-324.1","catch_line":"Repealed","url":"\/18.2-324.1\/","token":"18.2\/7\/8\/18.2-324.1","metadata":false},{"id":63272,"structure_id":12974,"section_number":"18.2-324.2","catch_line":"Use of unmanned aircraft system for certain purposes; penalty","url":"\/18.2-324.2\/","token":"18.2\/7\/8\/18.2-324.2","metadata":false}],"previous_section":{"id":74252,"structure_id":12974,"section_number":"18.2-323.02","catch_line":"Prohibition against concealment of dead body; penalty","url":"\/18.2-323.02\/","token":"18.2\/7\/8\/18.2-323.02","metadata":false},"next_section":{"id":73759,"structure_id":12974,"section_number":"18.2-324","catch_line":"Throwing or depositing certain substances upon highway; removal of such substances","url":"\/18.2-324\/","token":"18.2\/7\/8\/18.2-324","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-323.1\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 343 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2002, chapter 890<\/a>; in 2022, chapters 78<\/a> and 79<\/a>.<\/p>","references":false,"refers_to":[{"id":63303,"section_number":"4.1-212.1","catch_line":"Delivery of wine and beer; kegs; regulations of Board","order_by":null,"url":"\/4.1-212.1\/"}],"permalink":{"id":167377,"object_type":"law","relational_id":77662,"identifier":"18.2-323.1","token":"18.2\/7\/8\/18.2-323.1","url":"\/18.2-323.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-323.1\/","token":"18.2\/7\/8\/18.2-323.1","dublin_core":{"Title":"Drinking while operating a motor vehicle; possession of open container while operating a motor vehicle and presumption; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-323.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for any person to consume an alcoholic beverage while driving a motor vehicle upon a public highway of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Unless the driver is delivering alcoholic beverages in accordance with the provisions of § 4.1-212.1<\/a>, a rebuttable presumption<\/span> that the driver has consumed an alcoholic beverage in violation of this section shall be created if (i) an open container<\/span> is located within the passenger area<\/span> of the motor vehicle, (ii) the alcoholic beverage in the open container<\/span> has been at least partially removed, and (iii) the appearance<\/span>, conduct, odor of alcohol, speech, or other physical characteristic of the driver of the motor vehicle may be reasonably associated with the consumption of an alcoholic beverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section:\n\t\t\t“Open container<\/span>” means any vessel containing an alcoholic beverage, except the originally sealed<\/span> manufacturer’s container.\n\t\t\t“Passenger area<\/span>” means the area designed to seat the driver of any motor vehicle, any area within the reach of the driver, including an unlocked glove compartment, and the area designed to seat passengers. “Passenger area<\/span>” does not include the trunk of any passenger vehicle, the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle, or any similar vehicle, the living quarters of a motor home, or the passenger area<\/span> of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A violation of this section is punishable as a Class 4 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDRINKING WHILE OPERATING A MOTOR VEHICLE; POSSESSION OF OPEN CONTAINER WHILE\nOPERATING A MOTOR VEHICLE AND PRESUMPTION; PENALTY (\u00a7 18.2-323.1)\n\nA. It is unlawful for any person to consume an alcoholic beverage while driving\na motor vehicle upon a public highway of the Commonwealth.\n\nB. Unless the driver is delivering alcoholic beverages in accordance with the\nprovisions of § 4.1-212.1, a rebuttable presumption that the driver has\nconsumed an alcoholic beverage in violation of this section shall be created if\n(i) an open container is located within the passenger area of the motor vehicle,\n(ii) the alcoholic beverage in the open container has been at least partially\nremoved, and (iii) the appearance, conduct, odor of alcohol, speech, or other\nphysical characteristic of the driver of the motor vehicle may be reasonably\nassociated with the consumption of an alcoholic beverage.\n\nC. For the purposes of this section:\n\t\t\t“Open container” means any vessel containing an alcoholic\nbeverage, except the originally sealed manufacturer’s container.\n\t\t\t“Passenger area” means the area designed to seat the driver of\nany motor vehicle, any area within the reach of the driver, including an\nunlocked glove compartment, and the area designed to seat passengers.\n“Passenger area” does not include the trunk of any passenger\nvehicle, the area behind the last upright seat of a passenger van, station\nwagon, hatchback, sport utility vehicle, or any similar vehicle, the living\nquarters of a motor home, or the passenger area of a motor vehicle designed,\nmaintained, or used primarily for the transportation of persons for\ncompensation, including a bus, taxi, or limousine, while engaged in the\ntransportation of such persons.\n\nD. A violation of this section is punishable as a Class 4 misdemeanor.\n\nHISTORY: 1989, c. 343; 2002, c. 890; 2022, cc. 78, 79.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}