§ 20‑138.7. Transporting an open container of alcoholic beverage.
(a) Offense. Noperson shall drive a motor vehicle on a highway or the right‑of‑wayof a highway:
(1) While there is analcoholic beverage in the passenger area in other than the unopenedmanufacturer's original container; and
(2) While the driver isconsuming alcohol or while alcohol remains in the driver's body.
(a1) Offense. No personshall possess an alcoholic beverage other than in the unopened manufacturer'soriginal container, or consume an alcoholic beverage, in the passenger area ofa motor vehicle while the motor vehicle is on a highway or the right‑of‑wayof a highway. For purposes of this subsection, only the person who possesses orconsumes an alcoholic beverage in violation of this subsection shall be chargedwith this offense.
(a2) Exception. Itshall not be a violation of subsection (a1) of this section for a passenger topossess an alcoholic beverage other than in the unopened manufacturer'soriginal container, or for a passenger to consume an alcoholic beverage, if thecontainer is:
(1) In the passengerarea of a motor vehicle that is designed, maintained, or used primarily for thetransportation of persons for compensation;
(2) In the livingquarters of a motor home or house car as defined in G.S. 20‑4.01(27)d2.;or
(3) In a house traileras defined in G.S. 20‑4.01(14).
(a3) Meaning of Terms. Underthis section, the term "motor vehicle" means only those types ofmotor vehicles which North Carolina law requires to be registered, whether themotor vehicle is registered in North Carolina or another jurisdiction.
(b) Subject to Implied‑ConsentLaw. An offense under this section is an alcohol‑related offensesubject to the implied‑consent provisions of G.S. 20‑16.2.
(c) Odor Insufficient. The odor of an alcoholic beverage on the breath of the driver is insufficientevidence to prove beyond a reasonable doubt that alcohol was remaining in thedriver's body in violation of this section, unless the driver was offered analcohol screening test or chemical analysis and refused to provide all requiredsamples of breath or blood for analysis.
(d) Alcohol ScreeningTest. Notwithstanding any other provision of law, an alcohol screening testmay be administered to a driver suspected of violating subsection (a) of thissection, and the results of an alcohol screening test or the driver's refusalto submit may be used by a law enforcement officer, a court, or anadministrative agency in determining if alcohol was present in the driver'sbody. No alcohol screening tests are valid under this section unless the deviceused is one approved by the Commission for Public Health, and the screeningtest is conducted in accordance with the applicable regulations of theCommission as to the manner of its use.
(e) Punishment; EffectWhen Impaired Driving Offense Also Charged. Violation of subsection (a) ofthis section shall be a Class 3 misdemeanor for the first offense and shall bea Class 2 misdemeanor for a second or subsequent offense. Violation ofsubsection (a) of this section is not a lesser included offense of impaireddriving under G.S. 20‑138.1, but if a person is convicted undersubsection (a) of this section and of an offense involving impaired drivingarising out of the same transaction, the punishment imposed by the court shallnot exceed the maximum applicable to the offense involving impaired driving,and any minimum applicable punishment shall be imposed. Violation of subsection(a1) of this section by the driver of the motor vehicle is a lesser‑includedoffense of subsection (a) of this section. A violation of subsection (a) shallbe considered a moving violation for purposes of G.S. 20‑16(c).
Violation of subsection (a1)of this section shall be an infraction and shall not be considered a movingviolation for purposes of G.S. 20‑16(c).
(f) Definitions. Ifthe seal on a container of alcoholic beverages has been broken, it is openedwithin the meaning of this section. For purposes of this section,"passenger area of a motor vehicle" means the area designed to seatthe driver and passengers and any area within the reach of a seated driver orpassenger, including the glove compartment. The area of the trunk or the areabehind the last upright back seat of a station wagon, hatchback, or similarvehicle shall not be considered part of the passenger area. The term"alcoholic beverage" is as defined in G.S. 18B‑101(4).
(g) Pleading. In anyprosecution for a violation of subsection (a) of this section, the pleading issufficient if it states the time and place of the alleged offense in the usualform and charges that the defendant drove a motor vehicle on a highway or theright‑of‑way of a highway with an open container of alcoholicbeverage after drinking.
In any prosecution for a violationof subsection (a1) of this section, the pleading is sufficient if it states thetime and place of the alleged offense in the usual form and charges that (i)the defendant possessed an open container of alcoholic beverage in thepassenger area of a motor vehicle while the motor vehicle was on a highway orthe right‑of‑way of a highway, or (ii) the defendant consumed analcoholic beverage in the passenger area of a motor vehicle while the motorvehicle was on a highway or the right‑of‑way of a highway.
(h) Limited DrivingPrivilege. A person who is convicted of violating subsection (a) of thissection and whose drivers license is revoked solely based on that convictionmay apply for a limited driving privilege as provided for in G.S. 20‑179.3.The judge may issue the limited driving privilege only if the driver meets theeligibility requirements of G.S. 20‑179.3, other than the requirement inG.S. 20‑179.3(b)(1)c. G.S. 20‑179.3(e) shall not apply. All otherterms, conditions, and restrictions provided for in G.S. 20‑179.3 shallapply. G.S. 20‑179.3, rather than this subsection, governs the issuanceof a limited driving privilege to a person who is convicted of violatingsubsection (a) of this section and of driving while impaired as a result of thesame transaction. (1995,c. 506, s. 9; 2000‑155, s. 4; 2002‑25, s. 1; 2006‑66, s.21.7; 2007‑182, s. 2.)
§ 20‑138.7. Transporting an open container of alcoholic beverage.
(a) Offense. Noperson shall drive a motor vehicle on a highway or the right‑of‑wayof a highway:
(1) While there is analcoholic beverage in the passenger area in other than the unopenedmanufacturer's original container; and
(2) While the driver isconsuming alcohol or while alcohol remains in the driver's body.
(a1) Offense. No personshall possess an alcoholic beverage other than in the unopened manufacturer'soriginal container, or consume an alcoholic beverage, in the passenger area ofa motor vehicle while the motor vehicle is on a highway or the right‑of‑wayof a highway. For purposes of this subsection, only the person who possesses orconsumes an alcoholic beverage in violation of this subsection shall be chargedwith this offense.
(a2) Exception. Itshall not be a violation of subsection (a1) of this section for a passenger topossess an alcoholic beverage other than in the unopened manufacturer'soriginal container, or for a passenger to consume an alcoholic beverage, if thecontainer is:
(1) In the passengerarea of a motor vehicle that is designed, maintained, or used primarily for thetransportation of persons for compensation;
(2) In the livingquarters of a motor home or house car as defined in G.S. 20‑4.01(27)d2.;or
(3) In a house traileras defined in G.S. 20‑4.01(14).
(a3) Meaning of Terms. Underthis section, the term "motor vehicle" means only those types ofmotor vehicles which North Carolina law requires to be registered, whether themotor vehicle is registered in North Carolina or another jurisdiction.
(b) Subject to Implied‑ConsentLaw. An offense under this section is an alcohol‑related offensesubject to the implied‑consent provisions of G.S. 20‑16.2.
(c) Odor Insufficient. The odor of an alcoholic beverage on the breath of the driver is insufficientevidence to prove beyond a reasonable doubt that alcohol was remaining in thedriver's body in violation of this section, unless the driver was offered analcohol screening test or chemical analysis and refused to provide all requiredsamples of breath or blood for analysis.
(d) Alcohol ScreeningTest. Notwithstanding any other provision of law, an alcohol screening testmay be administered to a driver suspected of violating subsection (a) of thissection, and the results of an alcohol screening test or the driver's refusalto submit may be used by a law enforcement officer, a court, or anadministrative agency in determining if alcohol was present in the driver'sbody. No alcohol screening tests are valid under this section unless the deviceused is one approved by the Commission for Public Health, and the screeningtest is conducted in accordance with the applicable regulations of theCommission as to the manner of its use.
(e) Punishment; EffectWhen Impaired Driving Offense Also Charged. Violation of subsection (a) ofthis section shall be a Class 3 misdemeanor for the first offense and shall bea Class 2 misdemeanor for a second or subsequent offense. Violation ofsubsection (a) of this section is not a lesser included offense of impaireddriving under G.S. 20‑138.1, but if a person is convicted undersubsection (a) of this section and of an offense involving impaired drivingarising out of the same transaction, the punishment imposed by the court shallnot exceed the maximum applicable to the offense involving impaired driving,and any minimum applicable punishment shall be imposed. Violation of subsection(a1) of this section by the driver of the motor vehicle is a lesser‑includedoffense of subsection (a) of this section. A violation of subsection (a) shallbe considered a moving violation for purposes of G.S. 20‑16(c).
Violation of subsection (a1)of this section shall be an infraction and shall not be considered a movingviolation for purposes of G.S. 20‑16(c).
(f) Definitions. Ifthe seal on a container of alcoholic beverages has been broken, it is openedwithin the meaning of this section. For purposes of this section,"passenger area of a motor vehicle" means the area designed to seatthe driver and passengers and any area within the reach of a seated driver orpassenger, including the glove compartment. The area of the trunk or the areabehind the last upright back seat of a station wagon, hatchback, or similarvehicle shall not be considered part of the passenger area. The term"alcoholic beverage" is as defined in G.S. 18B‑101(4).
(g) Pleading. In anyprosecution for a violation of subsection (a) of this section, the pleading issufficient if it states the time and place of the alleged offense in the usualform and charges that the defendant drove a motor vehicle on a highway or theright‑of‑way of a highway with an open container of alcoholicbeverage after drinking.
In any prosecution for a violationof subsection (a1) of this section, the pleading is sufficient if it states thetime and place of the alleged offense in the usual form and charges that (i)the defendant possessed an open container of alcoholic beverage in thepassenger area of a motor vehicle while the motor vehicle was on a highway orthe right‑of‑way of a highway, or (ii) the defendant consumed analcoholic beverage in the passenger area of a motor vehicle while the motorvehicle was on a highway or the right‑of‑way of a highway.
(h) Limited DrivingPrivilege. A person who is convicted of violating subsection (a) of thissection and whose drivers license is revoked solely based on that convictionmay apply for a limited driving privilege as provided for in G.S. 20‑179.3.The judge may issue the limited driving privilege only if the driver meets theeligibility requirements of G.S. 20‑179.3, other than the requirement inG.S. 20‑179.3(b)(1)c. G.S. 20‑179.3(e) shall not apply. All otherterms, conditions, and restrictions provided for in G.S. 20‑179.3 shallapply. G.S. 20‑179.3, rather than this subsection, governs the issuanceof a limited driving privilege to a person who is convicted of violatingsubsection (a) of this section and of driving while impaired as a result of thesame transaction. (1995,c. 506, s. 9; 2000‑155, s. 4; 2002‑25, s. 1; 2006‑66, s.21.7; 2007‑182, s. 2.)
§ 20‑138.7. Transporting an open container of alcoholic beverage.
(a) Offense. Noperson shall drive a motor vehicle on a highway or the right‑of‑wayof a highway:
(1) While there is analcoholic beverage in the passenger area in other than the unopenedmanufacturer's original container; and
(2) While the driver isconsuming alcohol or while alcohol remains in the driver's body.
(a1) Offense. No personshall possess an alcoholic beverage other than in the unopened manufacturer'soriginal container, or consume an alcoholic beverage, in the passenger area ofa motor vehicle while the motor vehicle is on a highway or the right‑of‑wayof a highway. For purposes of this subsection, only the person who possesses orconsumes an alcoholic beverage in violation of this subsection shall be chargedwith this offense.
(a2) Exception. Itshall not be a violation of subsection (a1) of this section for a passenger topossess an alcoholic beverage other than in the unopened manufacturer'soriginal container, or for a passenger to consume an alcoholic beverage, if thecontainer is:
(1) In the passengerarea of a motor vehicle that is designed, maintained, or used primarily for thetransportation of persons for compensation;
(2) In the livingquarters of a motor home or house car as defined in G.S. 20‑4.01(27)d2.;or
(3) In a house traileras defined in G.S. 20‑4.01(14).
(a3) Meaning of Terms. Underthis section, the term "motor vehicle" means only those types ofmotor vehicles which North Carolina law requires to be registered, whether themotor vehicle is registered in North Carolina or another jurisdiction.
(b) Subject to Implied‑ConsentLaw. An offense under this section is an alcohol‑related offensesubject to the implied‑consent provisions of G.S. 20‑16.2.
(c) Odor Insufficient. The odor of an alcoholic beverage on the breath of the driver is insufficientevidence to prove beyond a reasonable doubt that alcohol was remaining in thedriver's body in violation of this section, unless the driver was offered analcohol screening test or chemical analysis and refused to provide all requiredsamples of breath or blood for analysis.
(d) Alcohol ScreeningTest. Notwithstanding any other provision of law, an alcohol screening testmay be administered to a driver suspected of violating subsection (a) of thissection, and the results of an alcohol screening test or the driver's refusalto submit may be used by a law enforcement officer, a court, or anadministrative agency in determining if alcohol was present in the driver'sbody. No alcohol screening tests are valid under this section unless the deviceused is one approved by the Commission for Public Health, and the screeningtest is conducted in accordance with the applicable regulations of theCommission as to the manner of its use.
(e) Punishment; EffectWhen Impaired Driving Offense Also Charged. Violation of subsection (a) ofthis section shall be a Class 3 misdemeanor for the first offense and shall bea Class 2 misdemeanor for a second or subsequent offense. Violation ofsubsection (a) of this section is not a lesser included offense of impaireddriving under G.S. 20‑138.1, but if a person is convicted undersubsection (a) of this section and of an offense involving impaired drivingarising out of the same transaction, the punishment imposed by the court shallnot exceed the maximum applicable to the offense involving impaired driving,and any minimum applicable punishment shall be imposed. Violation of subsection(a1) of this section by the driver of the motor vehicle is a lesser‑includedoffense of subsection (a) of this section. A violation of subsection (a) shallbe considered a moving violation for purposes of G.S. 20‑16(c).
Violation of subsection (a1)of this section shall be an infraction and shall not be considered a movingviolation for purposes of G.S. 20‑16(c).
(f) Definitions. Ifthe seal on a container of alcoholic beverages has been broken, it is openedwithin the meaning of this section. For purposes of this section,"passenger area of a motor vehicle" means the area designed to seatthe driver and passengers and any area within the reach of a seated driver orpassenger, including the glove compartment. The area of the trunk or the areabehind the last upright back seat of a station wagon, hatchback, or similarvehicle shall not be considered part of the passenger area. The term"alcoholic beverage" is as defined in G.S. 18B‑101(4).
(g) Pleading. In anyprosecution for a violation of subsection (a) of this section, the pleading issufficient if it states the time and place of the alleged offense in the usualform and charges that the defendant drove a motor vehicle on a highway or theright‑of‑way of a highway with an open container of alcoholicbeverage after drinking.
In any prosecution for a violationof subsection (a1) of this section, the pleading is sufficient if it states thetime and place of the alleged offense in the usual form and charges that (i)the defendant possessed an open container of alcoholic beverage in thepassenger area of a motor vehicle while the motor vehicle was on a highway orthe right‑of‑way of a highway, or (ii) the defendant consumed analcoholic beverage in the passenger area of a motor vehicle while the motorvehicle was on a highway or the right‑of‑way of a highway.
(h) Limited DrivingPrivilege. A person who is convicted of violating subsection (a) of thissection and whose drivers license is revoked solely based on that convictionmay apply for a limited driving privilege as provided for in G.S. 20‑179.3.The judge may issue the limited driving privilege only if the driver meets theeligibility requirements of G.S. 20‑179.3, other than the requirement inG.S. 20‑179.3(b)(1)c. G.S. 20‑179.3(e) shall not apply. All otherterms, conditions, and restrictions provided for in G.S. 20‑179.3 shallapply. G.S. 20‑179.3, rather than this subsection, governs the issuanceof a limited driving privilege to a person who is convicted of violatingsubsection (a) of this section and of driving while impaired as a result of thesame transaction. (1995,c. 506, s. 9; 2000‑155, s. 4; 2002‑25, s. 1; 2006‑66, s.21.7; 2007‑182, s. 2.)
