§ 9.36.200. Consumption of alcoholic beverages or marijuana while driving, and possession of alcoholic beverages or marijuana while driving.

A.

No person may consume marijuana or drink alcoholic beverages while driving a vehicle on a roadway or street.

B.

No person may drive a vehicle at such times as there is marijuana or an open container of alcoholic beverage in the passenger compartment of the vehicle, unless:

1.

The vehicle is:

a.

A limousine licensed pursuant to title 11;

b.

With the exception of the area occupied by the driver, equipped with darkened windows which obscure the view into the vehicle and such windows are fully closed; and

c.

Equipped with a partition between the driver and the area where the marijuana or open container of alcoholic beverage is located and that partition is fully closed.

2.

The marijuana or open container of alcoholic beverage is:

a.

In the trunk of a motor vehicle; or

b.

On a motor driven cycle, or behind the last upright seat in a motor home, station wagon, hatchback, or similar trunkless vehicle, if the marijuana or open bottle, can, or other receptacle of alcoholic beverage is enclosed within another container; or

c.

Behind a solid partition that separates the vehicle driver from the area normally occupied by passengers; or

d.

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.

For the purposes of this section, the term "open" means, when referring to a bottle, that the seal around the lid, cap or cork has been broken, or that the lid, cap or cork has been removed.

(AO No. 78-72; AO No. 80-4; AO No. 87-8; AO No. 2015-85, § 1, 9-24-15 )

Cross reference

Penal code, tit. 8; operating under influence; prohibited; sentencing, § 9.28.020; chemical analysis of breath or blood, § 9.28.023; alcoholic beverages, ch. 10.50; transportation, tit. 11; streets and rights-of-way, tit. 24.