§ 38-294. Consumption or possession of alcoholic beverages in open containers in a motor vehicle prohibited; exceptions.

(a)

No person shall knowingly drink any alcoholic beverage while in a motor vehicle upon any street within this county.

(b)

No person shall have in his possession on his person, while in a motor vehicle upon any street within this county, any bottle, can or other receptacle containing any alcoholic beverage which has been opened or had its seal broken or the contents of which have been partially removed.

(c)

It is unlawful for the registered owner of any motor vehicle to knowingly keep or allow to be kept in a motor vehicle, when the vehicle is upon any street within this county, any bottle, can or other receptacle containing any alcoholic beverage that has been opened or had its seal broken or the contents of which have been partially removed, unless the container is kept in:

(1)

The trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk;

(2)

The living quarters of a motor home or recreational vehicle;

(3)

A truck camper; or

(4)

The bed of a pickup truck when the bed is not occupied by passengers.

A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This section does not apply to any passenger in a bus, taxicab or limousine for hire licensed to transport passengers pursuant to the Motor Carrier Act (NMSA 1978, § 65-2-1 et seq.) or proper legal authority.

(d)

Penalties.

(1)

Whoever is guilty of a violation of any provision of this section shall be sentenced to imprisonment for not more than 90 days or to a fine of not more than $500.00, or both.

(2)

In addition to any other penalty or disposition ordered pursuant to law, upon conviction for a second or subsequent violation of this section, the convicted person shall have his driver's license revoked for a period of three months upon a second violation and for one year upon a third or subsequent violation.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.06.054; Ord. No. 85-274, § 8, 10-5-1999; Ord. No. 02-236, § 22, 12-17-2013)

State law reference

Similar provisions, NMSA 1978, §§ 66-8-138, 66-8-139.