§ 1134 - Motor vehicle operator; consumption or possession of alcohol - Vermont Statutes

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

(a) A person shall not consume alcoholic beverages while operating a motor vehicle on a public highway. As used in this section, "alcoholic beverages" shall have the same meaning as "intoxicating liquor" as defined in section 1200 of this title.

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

(c) For the purposes of this section, "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 fined not more than $500.00. A person who violates subsection (b) of this section shall be fined not more than $25.00. A person convicted and fined for an offense under subsection (a) of this section shall not be subject to prosecution 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.)