39-08-18. Open container law - Penalty.
546 words·~2 min read·
/nd/title-39/chapter-39-08-regulations-governing-operators/39-08-18·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A person may not drink or consume alcoholic beverages, as defined in section
5-01-01, in or on any motor vehicle when the vehicle is upon a public highway or in an
area used principally for public parking. A person may not have in that person's
possession on that person's person while in or on a private motor vehicle upon a
public highway or in an area used principally for public parking, any bottle or
receptacle containing alcoholic beverages which has been opened, or the seal broken,
or the contents of which have been partially removed. It is unlawful for the owner of
any private motor vehicle or the driver, if the owner be not then present in or on the
motor vehicle, to keep or allow to be kept in a motor vehicle when such vehicle is upon
the public highway or in an area used principally for public parking any bottle or
receptacle containing such alcoholic beverages which has been opened, or the seal
broken, or the contents of which have been partially removed except when such bottle
or receptacle is kept in the trunk of the motor vehicle when such vehicle is equipped
with a trunk, or kept in some other area of the vehicle not normally occupied by the
driver or passengers, if the motor vehicle is not equipped with a trunk. A utility
compartment or glove compartment must be deemed to be within the area occupied
by the driver and passengers. This subsection does not prohibit the consumption or
possession of alcoholic beverages in a house car if the consumption or possession
occurs in the area of the house car used as sleeping or living quarters and that area is
separated from the driving compartment by a solid partition, door, curtain, or some
similar means of separation; however, consumption is not authorized while the house
car is in motion. Any person violating this subsection must be assessed a fee of fifty
dollars; however, the licensing authority may not record the violation against the
person's driving record unless the person was the driver of the motor vehicle at the
time that the violation occurred.
2. Subsection 1 does not apply to a public conveyance that has been commercially
chartered for group use, any passenger for compensation in a for-hire motor vehicle,
or a privately owned motor vehicle operated by a person in the course of that person's
usual employment transporting passengers at the employer's direction. This
subsection does not authorize possession or consumption of an alcoholic beverage by
the operator of any motor vehicle described in this subsection while upon a public
highway or in an area used principally for public parking.
3. The driver of a multipassenger bicycle may not:
a. Drink or consume alcoholic beverages, as defined in section 5-01-01, while
operating the multipassenger bicycle on any public street, road, path, or highway
or while in an area used principally for parking; or
b. Have in the driver's possession on the driver's person while operating the
multipassenger bicycle on a public street, road, path, or highway or while in an
area used principally for parking, any bottle or receptacle containing any alcoholic
beverage which has been opened, or the seal broken, or the contents of which
have been partially removed.