§ 1134. Motor vehicle operator; consumption or possession of alcohol or marijuana

(a) A person shall not consume an alcoholic beverage or marijuana while operating a motor vehicle on a public highway. As used in this subsection, the prohibition on consumption of marijuana by the operator shall extend to the operator's consumption of secondhand marijuana smoke in the vehicle as a result of another person's consumption of marijuana.

(b) A person operating a motor vehicle on a public highway shall not possess any open container which contains an alcoholic beverage or marijuana in the passenger area of the motor vehicle.

(c) As used in this section:

(1) "Alcoholic beverage" shall have the same meaning as "alcohol" as defined in section 1200 of this title.

(2) "Passenger area" shall mean the area designed to seat the operator and passengers while the motor vehicle is in operation and any area that is readily accessible to the operator or passengers while in their seating positions, including the glove compartment, unless the glove compartment is locked. In a motor vehicle that is not equipped with a trunk, the term shall exclude the area behind the last upright seat or any area not normally occupied by the operator or passengers.

(d) A person who violates subsection (a) of this section shall be assessed a civil penalty of not more than $500.00. A person who possesses an open container which contains an alcoholic beverage in violation of subsection (b) of this section shall be assessed a civil penalty of not more than $25.00. A person who possesses an open container which contains marijuana in violation of subsection (b) of this section shall be assessed a civil penalty of not more than $200.00. A person adjudicated and assessed a civil penalty for an offense under subsection (a) of this section shall not be subject to a civil violation for the same actions under subsection (b) of this section. (Added 1981, No. 83; amended 1997, No. 117 (Adj. Sess.), § 9; 2001, No. 141 (Adj. Sess.), § 23, eff. June 21, 2002; 2013, No. 76, § 4; 2013, No. 75, § 22f; 2013, No. 76, § 5, eff. July 1, 2014; 2017, No. 83, § 151; 2017, No. 86 (Adj. Sess.), § 13.)