(1) It is a traffic
infraction to drink any alcoholic beverage in a motor vehicle
when the vehicle is upon a highway.
(2) It is a traffic infraction for a person to have in his
or her possession while in a motor vehicle upon a highway, a
bottle, can, or other receptacle containing an alcoholic beverage
if the container has been opened or a seal broken or the contents
partially removed.
(3) It is a traffic infraction for the registered owner of a
motor vehicle, or the driver if the registered owner is not then
present in the vehicle, to keep in a motor vehicle when the
vehicle is upon a highway, a bottle, can, or other receptacle
containing an alcoholic beverage which has been opened or a seal
broken or the contents partially removed, unless the container is
kept in the trunk of the vehicle or in some other area of the
vehicle not normally occupied by the driver or passengers if the
vehicle does not have a trunk. A utility compartment or glove
compartment is deemed to be within the area occupied by the
driver and passengers.
(4) This section does not apply to a public conveyance that
has been commercially chartered for group use or to the living
quarters of a motor home or camper or, except as otherwise
provided by RCW 66.44.250 or local law, to any passenger for
compensation in a for-hire vehicle licensed under city, county,
or state law, or to a privately owned vehicle operated by a
person possessing a valid operator's license endorsed for the
appropriate classification under chapter 46.25 RCW in the course
of his or her usual employment transporting passengers at the
employer's direction: PROVIDED, That nothing in this subsection
shall be construed to authorize possession or consumption of an
alcoholic beverage by the operator of any vehicle while upon a
highway.
[2010 c 8 § 9071; 1989 c 178 § 26; 1984 c 274 § 1; 1983 c 165 § 28.]
NOTES:
Severability -- Effective dates -- 1989 c 178: See RCW 46.25.900 and 46.25.901.
Legislative finding, intent -- Effective dates -- Severability -- 1983 c 165: See notes following RCW 46.20.308.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through 46.20.750.