New York Laws
Article 33 - Miscellaneous Rules
1227 - Consumption or Possession of Alcoholic Beverages in Certain Motor Vehicles.

§ 1227. Consumption or possession of alcoholic beverages in certain
motor vehicles. 1. The drinking of alcoholic beverages or consumption of
cannabis, or the possession of an open container containing an alcoholic
beverage, in a motor vehicle located upon the public highways or
right-of-way public highway is prohibited. Any operator or passenger
violating this section shall be guilty of a traffic infraction.

The provisions of this section shall not be deemed to prohibit the
drinking of alcoholic beverages, the consumption of cannabis by means
other than burning, or the possession of an open container containing an
alcoholic beverage by passengers in passenger vehicles operated pursuant
to a certificate or permit issued by the department of transportation or
the United States department of transportation. Furthermore, the
provisions of this section shall not be deemed to prohibit the
possession of wine which is: (a) resealed in accordance with the
provisions of subdivision four of section eighty-one of the alcoholic
beverage control law; and (b) is transported in the vehicle's trunk or
is transported behind the last upright seat or in an area not normally
occupied by the driver or passenger in a motor vehicle that is not
equipped with a trunk.

2. For the purposes of this section, a passenger vehicle shall mean a
vehicle designed to carry ten or more passengers and used to carry
passengers for profit or hire.

Structure New York Laws