1999 Minnesota Statutes

     169.122 Open bottle law; penalty. 

    Subdivision 1.    Act prohibited.  No person shall drink 
 or consume intoxicating liquors or 3.2 percent malt liquors in 
 any motor vehicle when such vehicle is upon a public highway.  

    Subd. 2.    Possession prohibited.  No person shall have 
 in possession while in a private motor vehicle upon a public 
 highway, any bottle or receptacle containing intoxicating liquor 
 or 3.2 percent malt liquor which has been opened, or the seal 
 broken, or the contents of which have been partially removed.  
 For purposes of this section, "possession" means either that the 
 person had actual possession of the bottle or receptacle or that 
 the person consciously exercised dominion and control over the 
 bottle or receptacle.  This subdivision does not apply to a 
 bottle or receptacle that is in the trunk of the vehicle if it 
 is equipped with a trunk, or that is in another area of the 
 vehicle not normally occupied by the driver and passengers if 
 the vehicle is not equipped with a trunk. 

    Subd. 3.    Liability of nonpresent owner.  It shall be 
 unlawful for the owner of any private motor vehicle or the 
 driver, if the owner be not then present in the motor vehicle, 
 to keep or allow to be kept in a motor vehicle when such vehicle 
 is upon the public highway any bottle or receptacle containing 
 intoxicating liquors or 3.2 percent malt liquors which has been 
 opened, or the seal broken, or the contents of which have been 
 partially removed except when such bottle or receptacle shall be 
 kept in the trunk of the motor vehicle when such vehicle is 
 equipped with a trunk, or kept in some other area of the vehicle 
 not normally occupied by the driver or passengers, if the motor 
 vehicle is not equipped with a trunk.  A utility compartment or 
 glove compartment shall be deemed to be within the area occupied 
 by the driver and passengers.  

    Subd. 4.    Misdemeanor.  Whoever violates the 
 provisions of subdivisions 1 to 3 is guilty of a misdemeanor.  

    Subd. 5.    Exceptions.  This section does not apply to 
 the possession or consumption of alcoholic beverages by 
 passengers in: 

    (1) a bus that is operated by a motor carrier of 
 passengers, as defined in section 221.011, subdivision 48; or 

    (2) a vehicle providing limousine service as defined in 
 section 221.84, subdivision 1. 

    HIST: 1959 c 255 s 1-4; 1986 c 444; 1990 c 602 art 5 s 1; 1991 
 c 249 s 31; 1993 c 350 s 1; 1994 c 600 s 1; 1999 c 238 art 2 s 
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