Utah Code 41-6a-526. Drinking alcoholic beverage and open containers in motor vehicle prohibited — Definitions — Exceptions
Current as of: 2024 | Check for updates
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(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 41-6a-526
- Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
- Bus: means a motor vehicle:(6)(a)(i) designed for carrying more than 15 passengers and used for the transportation of persons; or(6)(a)(ii) designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102
- Electric assisted bicycle: means a bicycle with an electric motor that:
(18)(a)(i) has a power output of not more than 750 watts;(18)(a)(ii) has fully operable pedals;(18)(a)(iii) has permanently affixed cranks that were installed at the time of the original manufacture;(18)(a)(iv) is fully operable as a bicycle without the use of the electric motor; and(18)(a)(v) is one of the following:(18)(a)(v)(A) a class 1 electric assisted bicycle;(18)(a)(v)(B) a class 2 electric assisted bicycle;(18)(a)(v)(C) a class 3 electric assisted bicycle; or(18)(a)(v)(D) a programmable electric assisted bicycle. See Utah Code 41-6a-102- Golf cart: means a device that:
(24)(a)(i) is designed for transportation by players on a golf course;(24)(a)(ii) has not less than three wheels in contact with the ground;(24)(a)(iii) has an unladen weight of less than 1,800 pounds;(24)(a)(iv) is designed to operate at low speeds; and(24)(a)(v) is designed to carry not more than six persons including the driver. See Utah Code 41-6a-102- Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
- Motor assisted scooter: means a self-propelled device with:
(42)(a)(i) at least two wheels in contact with the ground;(42)(a)(ii) a braking system capable of stopping the unit under typical operating conditions;(42)(a)(iii) an electric motor not exceeding 2,000 watts;(42)(a)(iv) either:(42)(a)(iv)(A) handlebars and a deck design for a person to stand while operating the device; or(42)(a)(iv)(B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;(42)(a)(v) a design for the ability to be propelled by human power alone; and(42)(a)(vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102- motor vehicle: includes :
(1)(m)(ii)(A) an off-highway vehicle as defined under Section41-22-2 ; and(1)(m)(ii)(B) a motorboat as defined in Section73-18-2 . See Utah Code 41-6a-501- Operator: means :
(49)(a) a human driver, as defined in SectionUtah Code 41-6a-102 - Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section
41-6a-1120 , or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102(1)(a) “Alcoholic beverage” has the same meaning as defined in Section 32B-1-102.(1)(b) “Chartered bus” has the same meaning as defined in Section 32B-1-102.(1)(c) “Limousine” has the same meaning as defined in Section 32B-1-102.(1)(d)(1)(d)(i) “Passenger compartment” means the area of the vehicle normally occupied by the operator and passengers.(1)(d)(ii) “Passenger compartment” includes areas accessible to the operator and passengers while traveling, including a utility or glove compartment.(1)(d)(iii) “Passenger compartment” does not include a separate front or rear trunk compartment or other area of the vehicle not accessible to the operator or passengers while inside the vehicle.(1)(e) “Waters of the state” has the same meaning as defined in Section 73-18-2.(2) A person may not drink an alcoholic beverage while operating a golf cart, a motor vehicle, a motor assisted scooter, or a class 2 electric assisted bicycle, or while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any highway or waters of the state.(3) A person may not keep, carry, possess, transport, or allow another to keep, carry, possess, or transport in the passenger compartment of a motor vehicle, on a golf cart, on a motor assisted scooter, or on a class 2 electric assisted bicycle, when the vehicle is on any highway or waters of the state, any container that contains an alcoholic beverage if the container has been opened, its seal broken, or the contents of the container partially consumed.(4) Subsections (2) and (3) do not apply to a passenger:(4)(a) in the living quarters of a motor home or camper;(4)(b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in compliance with Subsections 32B-4-415(4)(b) and (c); or(4)(c) in a motorboat on the waters of the state.(5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus.(6) A violation of Subsection (2) or (3) is a class C misdemeanor. - Electric assisted bicycle: means a bicycle with an electric motor that: