(a) As used in this section, the following terms are defined:

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C misdemeanorup to 3 monthsup to $500
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7

Terms Used In Alabama Code 32-5A-330

  • Conviction: A judgement of guilt against a criminal defendant.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) OPEN CONTAINER. A container which is other than in the manufacturer’s sealed condition.
(2) PUBLIC HIGHWAY or RIGHT-OF-WAY OF A PUBLIC HIGHWAY. The entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way when any part is open to the use of the public for purposes of motor vehicle travel.
(b) It is unlawful for a person to have in his or her possession alcoholic beverages in an open container in the passenger area of a motor vehicle of any kind on a public highway or right-of-way of a public highway of this state.
(c) This section shall not apply to:

(1) A passenger of a motor vehicle designed, maintained, or primarily used for the transportation of persons for compensation and the driver holds a valid commercial driver’s license.
(2) A passenger of a bus for which the driver holds a valid commercial driver’s license.
(3) A passenger of a motorized or non-motorized self-contained camper, motor home, house coach, or house trailer.
(4) A motor vehicle trunk, storage, or luggage compartment or a truck bed, storage, or cargo compartment.
(5) A locked case placed in an area that is not readily accessible behind the front seat of a pickup truck which has no trunk or separate enclosed area other than the cab of the truck.
(6) A driver who does not have knowledge of and cannot access alcoholic beverages in an open container in the passenger area of the vehicle.
(7) A motor vehicle which is parked or idle and does not have the engine running. This does not apply to the right-of-way of a public highway.
(d) This section shall not be construed to prohibit the transporting of alcoholic beverages in closed containers.
(e) A person who violates the provisions of this section is guilty of a Class C misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25), and court costs shall not be assessed.
(f) The penalties provided for violation of this section shall not constitute a moving violation and shall not have any effect on the driver’s license points.
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