                                 CODE OF VIRGINIA

DRINKING WHILE OPERATING A MOTOR VEHICLE; POSSESSION OF OPEN CONTAINER WHILE
OPERATING A MOTOR VEHICLE AND PRESUMPTION; PENALTY (§ 18.2-323.1)

A. It is unlawful for any person to consume an alcoholic beverage while driving
a motor vehicle upon a public highway of the Commonwealth.

B. Unless the driver is delivering alcoholic beverages in accordance with the
provisions of &#xA7; 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. For the purposes of this section:
			&#8220;Open container&#8221; means any vessel containing an alcoholic
beverage, except the originally sealed manufacturer&#8217;s container.
			&#8220;Passenger area&#8221; 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.
&#8220;Passenger area&#8221; 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. A violation of this section is punishable as a Class 4 misdemeanor.

HISTORY: 1989, c. 343; 2002, c. 890; 2022, cc. 78, 79.