CVC 23223: Possession or Consumption of Alcoholic Beverages in a Motor Vehicle.

California Vehicle Code (CVC) Section 23223 deals with the unlawful possession or consumption of alcoholic beverages inside a motor vehicle. This section outlines the specific restrictions and prohibitions regarding the possession and consumption of alcohol while in a vehicle on California roadways. Here's an explanation of CVC 23223:

CVC 23223 - Possession or Consumption of Alcoholic Beverages in a Motor Vehicle:

1. General Prohibition (Subsection (a)):

   • Subsection (a) of CVC 23223 establishes that it is unlawful for the driver or any passenger in a motor vehicle to possess an alcoholic beverage that has been opened, or to consume an alcoholic beverage while the vehicle is on any public roadway in California. This includes streets, highways, and parking areas open to the public.

2. Exceptions (Subsection (b)):

   • Subsection (b) provides certain exceptions to the general prohibition outlined in Subsection (a). It states that the open container law does not apply to passengers in certain types of vehicles. Specifically, passengers in buses, limousines, and certain types of recreational vehicles (RVs) are not subject to this prohibition.

3. Definition of "Alcoholic Beverage" (Subsection (c)):

   • Subsection (c) defines "alcoholic beverage" as any beverage containing 0.5% or more alcohol by weight. This definition includes not only spirits but also beer, wine, and other alcoholic beverages.

4. Penalties (Subsection (d)):

   • Violating CVC 23223 can result in penalties, including fines. The exact fines and consequences may vary depending on local ordinances and additional factors.