Idaho State Statutes - Idaho Attorney Directory

(1) Alcoholic liquor
lawfully purchased may be transported, but no person shall break open, or
allow to be broken or opened any container of alcoholic liquor, or drink, or
use, or allow to be drunk, or used any alcoholic liquor therein while the same
is being transported. Provided however, that an unsealed alcoholic beverage
container may be transported in an enclosed trunk compartment or behind the
last upright seat of a vehicle which has no trunk compartment.
(2) No person in a motor vehicle, while the vehicle is on a public
highway or the right-of-way of a public highway may drink or possess any open
beverage containing alcoholic liquor, as defined in section 23-105, Idaho
Code, beer as defined in section 23-1001, Idaho Code, or wine as defined in
section 23-1303, Idaho Code, unless such person is a passenger in the
passenger area of a motor vehicle designed, maintained, or used primarily for
the transportation of persons for compensation, or in the living quarters of a
recreational vehicle as that term is defined in section 49-119, Idaho Code.
Violation of this section is a misdemeanor for the individual in actual
physical control of the vehicle, as defined in section 18-8004, Idaho Code,
and an infraction for other individuals violating this section.

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