{"data":{"id":"us-wv/w.-va.-code-17c-5d-3","jurisdiction":"us-wv","citation":"W. Va. Code § 17C-5D-3","heading":"Possession of an open alcoholic beverage container in the passenger area of a motor vehicle; exceptions; penalties.","body":"(a) It is unlawful for the operator or a passenger of a motor vehicle to consume any alcoholic beverage in the passenger area of a motor vehicle located on a public highway or right-of-way of a public highway in this state, whether the vehicle is in motion or at rest.\n(b) It is unlawful for the operator or a passenger of a motor vehicle to knowingly possess any open alcoholic beverage container in the passenger area of any motor vehicle that is located on a public highway or right-of-way of a public highway in this state, whether the vehicle is in motion or at rest. Possession by a person of one or more open containers in a single criminal occurrence is a single offense.\n(c) The provisions of this section are not applicable to a passenger:\n(1) In the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation including, but not limited to, a bus, taxicab or limousine; or\n(2) In the living quarters of a motorized or nonmotorized house coach, house trailer, motor home or self-contained camper.\n(d) A person who violates the provisions of subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $100.","path":["CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.","ARTICLE 5D. OPEN CONTAINER LAWS."],"source_url":"https://code.wvlegislature.gov/17C-5D-3/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:24:22Z","sha256":"3109700ed041410b2d357e3ed56ede50814a11bc273f1c8d11f3011bc130c774","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-17c-5d-2","next":"us-wv/w.-va.-code-17c-5d-4"},"notice":"GroundRules: Original legal text. Not legal advice."}