Md. Code, Transp. § 21-903

Current with changes from the 2024 Legislative Session
Section 21-903 - [See Note] Consumption of alcoholic beverages while driving on highway
(a)
(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) "Cannabis" has the meaning stated in § 5-101 of the Criminal Law Article.
(4)
(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) This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway.
(c) A driver of a motor vehicle may not consume an alcoholic beverage, or smoke or consume cannabis, in a passenger area of a motor vehicle on a highway.
(d) 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.

Md. Code, TR § 21-903

Amended by 2022 Md. Laws, Ch. 26, Sec. 6, eff. 7/1/2023 contingent on the ratification by the voters of 2022 Md. Laws, Ch. 45..
Amended by 2016 Md. Laws, Ch. 228, Sec. 1, eff. 7/1/2016.
This section is set out more than once due to postponed, multiple, or conflicting amendments.