Pennsylvania Statutes

75 PA. Cons. Stat.: Vehicles

Chapter 38: Driving after Imbibing Alcohol or Utilizing Drugs



     § 3809.  Restriction on alcoholic beverages.
        (a)  General rule.--Except as set forth in subsection (b), an
     individual who is an operator or an occupant in a motor vehicle
     may not be in possession of an open alcoholic beverage container
     or consume a controlled substance as defined in the act of April
     14, 1972 (P.L.233, No.64), known as The Controlled Substance,
     Drug, Device and Cosmetic Act, or an alcoholic beverage in a
     motor vehicle while the motor vehicle is located on a highway in
     this Commonwealth.
        (b)  Exception.--This section does not prohibit possession or
     consumption by any of the following:
            (1)  A passenger in the passenger area of a motor vehicle
        designed, maintained or used primarily for the lawful
        transportation of persons for compensation. This paragraph
        includes buses, taxis and limousines.
            (2)  An individual in the living quarters of a house
        coach or house trailer.
        (c)  Penalty.--An individual who violates this section
     commits a summary offense.

        Cross References.  Section 3809 is referred to in section
     1542 of this title.
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