To drink an alcoholic beverage in a motor vehicle on a public highway, street or road is:
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A traffic infraction for a driver, but not for a passenger.
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A traffic infraction for a driver or passenger.
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A misdemeanor for a driver, but not for a passenger.
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A criminal violation for a driver or passenger.
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Explanation
Consuming alcohol while driving a motor vehicle on a public highway or any other secondary road is illegal and considered a traffic infraction for both drivers and passengers. Passengers are prohibited from violating the 'open container' law unless they are in specific types of passenger vehicles designed to carry 10 or more passengers for profit or hire, such as limousines. Bottles of wine may be transported in a vehicle if they have been resealed or if they are kept in the trunk.
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