Section 28.35.029. Open container.

   (a) A person may not drive a motor vehicle on a highway or vehicular way or area, when there is an open bottle, can, or other receptacle containing an alcoholic beverage in the passenger compartment of the vehicle, except as provided in (b) of this section.
   (b) Except as provided in AS 28.33.130, a person may transport an open bottle, can, or other receptacle containing an alcoholic beverage
        (1) in the trunk of a motor vehicle;
        (2) on a motor driven cycle, or behind the last upright seat in a motor home, station wagon, hatchback, or similar trunkless vehicle, if the open bottle, can, or other receptacle is enclosed within another container;
        (3) behind a solid partition that separates the vehicle driver from the area normally occupied by passengers; or
        (4) if the open bottle, can, or other receptacle is in the possession of a passenger in a motor vehicle for which the owner receives direct monetary compensation and that has a capacity of 12 or more persons.
   (c) In this section
        (1) "alcoholic beverage" has the meaning given in AS 04.21.080(b);
        (2)   [Repealed, Sec. 29 ch 3 SLA 1992]. 
        (3) "motor vehicle" means a vehicle for which a driver's license is required;
        (4) "open" includes having a broken seal;
        (5) "passenger compartment" means the area normally occupied by the driver and passengers and includes a utility or glove compartment accessible to the driver or a passenger while the motor vehicle is being operated.
   (d) A person who violates (a) of this section is guilty of an infraction.

Authorities

28.35.031;28.35.039;28.35.029

Notes

Recent Bills that will modify this

HB 79 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
SB 30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES

References

AS 28.35.031 Implied consent.
AS 28.35.039
AS 28.35.039 Definitions for AS 28.35.029 - 28.35.039.

History

(Sec. 1 ch 142 SLA 1988; am Sec. 21, 29 ch 3 SLA 1992)