2006 Code of Virginia § 18.2-323.1 - Drinking while operating a motor vehicle; possession of open container while operating a motor vehi...

18.2-323.1. Drinking while operating a motor vehicle; possession of opencontainer while operating a motor vehicle and presumption; penalty.

A. It shall be unlawful for any person to consume an alcoholic beverage whiledriving a motor vehicle upon a public highway of this Commonwealth.

B. A rebuttable presumption that the driver has consumed an alcoholicbeverage in violation of this section shall be created if (i) an opencontainer is located within the passenger area of the motor vehicle, (ii) thealcoholic beverage in the open container has been at least partially removedand (iii) the appearance, conduct, odor of alcohol, speech or other physicalcharacteristic of the driver of the motor vehicle may be reasonablyassociated with the consumption of an alcoholic beverage.

For the purposes of this section:

"Open container" means any vessel containing an alcoholic beverage, exceptthe originally sealed manufacturer's container.

"Passenger area" means the area designed to seat the driver of any motorvehicle, any area within the reach of the driver, including an unlocked glovecompartment, and the area designed to seat passengers. This term shall notinclude the trunk of any passenger vehicle, the area behind the last uprightseat of a passenger van, station wagon, hatchback, sport utility vehicle orany similar vehicle, the living quarters of a motor home, or the passengerarea of a motor vehicle designed, maintained or used primarily for thetransportation of persons for compensation, including a bus, taxi, orlimousine, while engaged in the transportation of such persons.

C. A violation of this section is punishable as a Class 4 misdemeanor.

(1989, c. 343; 2002, c. 890.)