N.Y. Vehicle & Traffic Law § 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.