Open
containers in motor vehicles-passengers – IA Code 321.284A
1. A passenger in
a motor vehicle upon a public street or highway shall not possess in the
passenger area of the motor vehicle an open or unsealed bottle, can, jar, or
other receptacle containing an alcoholic beverage. "Passenger area"
means the area of a motor vehicle designed to seat the driver and passengers
while the motor vehicle is in operation and any area that is readily accessible
to the driver or a passenger while in their seating positions, including the
glove compartment. An open or unsealed receptacle containing an alcoholic
beverage may be transported in the trunk of the motor vehicle. An unsealed
receptacle containing an alcoholic beverage may be transported behind the last
upright seat of the motor vehicle if the motor vehicle does not have a trunk.2.
This section does not apply to a passenger being transported in a motor vehicle
designed, maintained, or used primarily for the transportation of persons for
compensation, or a passenger being transported in the living quarters of a
motor home, mobile home, travel trailer, or fifth-wheel travel trailer.3. A
person convicted of a violation of this section is guilty of a simple
misdemeanor punishable as a scheduled violation under section 805.8, subsection
10, paragraph "b".4. The department shall not include a conviction
for a violation of this section on the individual driving record of the person
committing the violation and the conviction shall not be considered by the department
in any proceeding for suspension, revocation, barring, or denying of the
person's driver's license or upon any application for renewal of driving
privileges.
Open
containers in motor vehicles-drivers - IA Code 321.284
A driver of a
motor vehicle upon a public street or highway shall not possess in the
passenger area of the motor vehicle an open or unsealed bottle, can, jar, or
other receptacle containing an alcoholic beverage. "Passenger
area" means the area designed to seat the driver and passengers while the
motor vehicle is in operation and any area that is readily accessible to the
driver or a passenger while in their seating positions, including the glove
compartment. An open or unsealed receptacle containing an alcoholic beverage
may be transported in the trunk of the motor vehicle. An unsealed receptacle
containing an alcoholic beverage may be transported behind the last upright
seat of the motor vehicle if the motor vehicle does not have a trunk. A person
convicted of a violation of this section is guilty of a simple misdemeanor
punishable as a scheduled violation under section 805.8, subsection 10, paragraph "b"