Section 18-2224. ALCOHOLIC BEVERAGES IN MOTOR VEHICLES

 

2224.1Except as provided in §§ 2224.2 and 2224.3, no person shall operate or ride in a vehicle when any opened alcoholic beverage is in or on the vehicle.

 

2224.2  An open container shall not be considered to be in or on a vehicle if the open container is located:

 

(a) In a trunk, cargo area, or storage compartment that is inaccessible from the passenger area of the vehicle;

 

(b) In a locked compartment within the passenger area of the vehicle; or

 

(c) With respect to a vehicle without a trunk, behind the last row of seats within the passenger area of the vehicle such that the open container is inaccessible by the driver or passengers while in their seats.

 

2224.3[REPEALED]

 

2224.4A person operating a vehicle in violation of this section shall be subject to a fine of one hundred dollars ($100).

 

2224.5 For purposes of this section, the term:

 

(a) “Alcoholic beverage” means an alcoholic beverage as defined in D.C. Official Code § 25-101(5)).

 

(b) “Opened alcoholic beverage container” means an alcoholic beverage in a bottle, can, or other container from which:

 

(1)The top, cap, cork, seal, or tab seal has at some time been removed or broken; or

 

(2)Some of the alcohol beverage has been removed.

 

authority

Sections 5(3)(A) (providing for a safe transportation system), 6(b) and (c) (transferring to the Department functions previously delegated to the Department of Public Works (DPW) under Reorganization Plan No. 4 of 1983), and 7 (making Director of DDOT the successor to transportation related authority delegated to the Director of DPW) of the Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.04(3)(D), 50-921.05(b) and (c), and 50-921.06 (2009 Repl. & 2012 Supp.)), Section 6(a)(1) of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121 ch. 443, § 6(a)(1); D.C. Official Code §50-2201.03(a)(1) (2009 Repl.)), and Mayor’s Order 77-127, dated August 3, 1977.

source

Section 6(c) of the Comprehensive Anti-Driving Amendment Act of 1991, effective May 5, 1992 (D.C. Law 9-96; 38 DCR 7274, 7279 (December 6, 1991)); as amended by the Department of Motor Vehicles Reform Amendment Act of 2004, effective April 8, 2005 (D.C. Law 15-307; 52 DCR 1700 (February 25, 2005)); as amended by Final Rulemaking published at 52 DCR 5759 (June 17, 2005); as amended by Final Rulemaking published at 60 DCR 129134 (September 13, 2013).