2016 Maryland Code
Transportation
Title 21 - Vehicle Laws -- Rules of the Road
Subtitle 9 - Reckless, Negligent, or Impaired Driving; Fleeing or Eluding Police
§ 21-903. Consumption of alcoholic beverages while driving on highway

MD Transp Code § 21-903 (2016) What's This?

(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 § 6-320, § 6-321, or § 6-322 of the Alcoholic Beverages Article, or any other provision of law, the prohibition contained in this section applies throughout the State.

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