Utah Code
Utah Code § 41-6a-526 (2026)
Drinking alcoholic beverage and open containers in motor vehicle prohibited -- Definitions -- Exceptions
✓ current as of May 2026
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As used in this section:
"Alcoholic beverage" has the same meaning as defined in Section 32B-1-102.
"Chartered bus" has the same meaning as defined in Section 32B-1-102.
"Limousine" has the same meaning as defined in Section 32B-1-102.
"Passenger compartment" means the area of the vehicle normally occupied by the operator and passengers.
"Passenger compartment" includes areas accessible to the operator and passengers while traveling, including a utility or glove compartment.
"Passenger compartment" does not include a separate front or rear trunk compartment or other area of the vehicle not accessible to the operator or passengers while inside the vehicle.
"Waters of the state" has the same meaning as defined in Section 73-18-2.
A person may not drink an alcoholic beverage while operating a golf cart, a motor vehicle, a motor assisted scooter, or an electric assisted bicycle, or while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any highway or waters of the state.
A person may not keep, carry, possess, transport, or allow another to keep, carry, possess, or transport in the passenger compartment of a motor vehicle, on a golf cart, on a motor assisted scooter, or on an electric assisted bicycle, when the vehicle is on any highway or waters of the state, any container that contains an alcoholic beverage if the container has been opened, the container's seal broken, or the contents of the container partially consumed.
Subsections (2) and (3) do not apply to a passenger:
in the living quarters of a motor home or camper;
who has carried an alcoholic beverage onto a limousine or chartered bus that is in compliance with Subsections 32B-4-415(4)(b) and (c); or
in a motorboat on the waters of the state.
Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2006–2024 · leading case: State v. Perez-Avila, 131 P.3d 864 (Utah Ct. App. 2006).
State v. Perez-Avila, 131 P.3d 864 (Utah Ct. App. 2006). “§ 41-6a-526 (2005). 1 ¶ 3 Defendant appealed to this court, arguing that his trial counsel was ineffective and that but for trial counsel’s deficient performance he would have received a more favorable outcome at trial.”
State v. Maestas, 2012 UT App 53 (Utah Ct. App. 2012). “§ 41-6a-526(8). 1 Defendant claims that the trial court erred in denying his motion to suppress; that he received ineffective assistance of counsel; and that the cumulative errors in the proceedings should undermine our confidence that he received a fair trial.”
State v. Perkins, 2024 UT App 101 (Utah Ct. App. 2024). “§ 41-6a-526(3) (prohibiting an individual from transporting “in the passenger compartment of a motor vehicle .”
— Utah Code § 41-6a-526(3) — 1 case
State v. Perkins, 2024 UT App 101 (Utah Ct. App. 2024). “§ 41-6a-526(3) (prohibiting an individual from transporting “in the passenger compartment of a motor vehicle .”
— Utah Code § 41-6a-526(8) — 1 case
State v. Maestas, 2012 UT App 53 (Utah Ct. App. 2012). “§ 41-6a-526(8). 1 Defendant claims that the trial court erred in denying his motion to suppress; that he received ineffective assistance of counsel; and that the cumulative errors in the proceedings should undermine our confidence that he received a fair trial.”
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