SDCL § 35-1-9.3: Certain situations not in violation of § 35-1-9.1.

It is not a violation of § 35-1-9.1 if:

(1) An alcoholic beverage is located in a locked glove compartment of the motor vehicle;

(2) An open alcoholic beverage is behind the last upright seat of a motor vehicle that is not equipped with a trunk or in an area not normally occupied by the driver or passengers; or

(3) A passenger in a motor vehicle operated by a carrier as defined in subdivision 35-1-1(3) and licensed pursuant to subdivision 35-4-2(9) possesses an open alcoholic beverage. However, the driver of a carrier is prohibited from possessing in the driver compartment of the vehicle a package or receptacle containing an alcoholic beverage if the seal of the original package is broken.