Title 40, Chapter 6, Section 253
(a) As used in this Code section, the term:
(1) "Alcoholic beverage" means:
(A) Beer, ale, porter, stout, and other similar fermented
beverages, including sake or similar products, of any name or
description containing one-half of 1 percent or more of alcohol
by volume, brewed or produced from malt, wholly or in part, or
from any substitute therefor;
(B) Wine of not less than one-half of 1 percent of alcohol by
(C) Distilled spirits which is that substance known as ethyl
alcohol, ethanol, or spirits of wine in any form, including all
dilutions and mixtures thereof from whatever source or by
whatever process produced.
(2) "Open alcoholic beverage container" means any bottle, can, or
other receptacle that:
(A) Contains any amount of alcoholic beverage; and
(B)(i) Is open or has a broken seal; or
(ii) The contents of which are partially removed.
(3) "Passenger area" means the area designed to seat the driver
and passengers while a motor vehicle is in operation and any area
that is readily accessible to the driver or a passenger while in
his or her seating position; provided, however, that such term
does not include any locked glove compartment or, in a passenger
car not equipped with a trunk, any area behind the rearmost
upright seat or not normally occupied by the driver or passengers.
(b)(1) A person shall not:
(A) Consume any alcoholic beverage; or
(B) Possess any open alcoholic beverage container
in the passenger area of any motor vehicle which is on the roadway
or shoulder of any public highway.
(2) The provisions of paragraph (1) of this subsection shall not
apply to any 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 motor home
or house trailer.
(3) Only a person who consumes an alcoholic beverage or possesses
an open alcoholic beverage container in violation of this Code
section shall be charged with such offense; provided, however,
that an operator of a motor vehicle who is alone in the passenger
area of such motor vehicle shall be deemed to be in possession of
any open alcoholic beverage container in such passenger area.
(c) Any person who violates this Code section is subject to a fine
not to exceed $200.00.