TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 5

PERMITS AND LICENSES

23-505.  Transportation of alcoholic beverages. (1) Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcoholic liquor, or drink, or use, or allow to be drunk, or used any alcoholic liquor therein while the same is being transported. Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment.

(2)  No person in a motor vehicle, while the vehicle is on a public highway or the right-of-way of a public highway may drink or possess any open beverage containing alcoholic liquor, as defined in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, or wine as defined in section 23-1303, Idaho Code, unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle as that term is defined in section 49-119, Idaho Code. Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle, as defined in section 18-8004, Idaho Code, and an infraction for other individuals violating this section.

History:

[23-505, added 1939, ch. 222, sec. 805, p. 465; am. 1996, ch. 254, sec. 1, p. 836; am. 2000, ch. 248, sec. 1, p. 701.]