ORIGINAL SENATE ENGROSSED

FILE NO. 0027

ENROLLED ACT NO. 54, SENATE

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to motor vehicles; prohibiting consumption
or possession of alcoholic beverages in motor vehicles as
specified; providing a definition; providing a penalty; and
providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 31-5-235 is created to read:

31-5-235. Consumption and possession of alcoholic
beverages in opened containers by operator of vehicle
prohibited; definitions; penalty.

(a) As used in this section, "alcoholic beverage"
means alcoholic liquor or malt beverage as defined in W.S.
12-1-101(a)(i), (vii) and (x).

(b) No person shall consume or possess any alcoholic
beverage while operating a motor vehicle on a public street
or public highway unless the beverage is in the original
unopened package or container, the seal of which has not
been broken and from which the original cap, cork or other
means of closure has not been removed.

(c) Any person violating the provisions of this
section shall:

(i) For a first conviction or a subsequent
conviction not occurring within one (1) year after the
first conviction, be punished by a fine of not more than
two hundred dollars ($200.00);

(ii) For a second conviction within one (1) year
after the first conviction, be punished by a fine of not

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more than three hundred dollars ($300.00) or by
imprisonment for not more than thirty (30) days, or both;

(iii) For a third or subsequent conviction
within one (1) year after the first conviction, be punished
by a fine of not more than five hundred dollars ($500.00)
or by imprisonment for not more than six (6) months, or
both.

Section 2.  This act is effective July 1, 2001.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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