DE HB352

Replaces the existing "drinking while driving" statute with a new open container law prohibiting drivers and passengers from possessing open or unsealed receptacles containing alcoholic beverages in the passenger area of motor vehicles on public roads, streets, or highways.

Allows open containers to be transported in locked glove compartments, utility compartments, vehicle trunks, or behind the last upright seat if the vehicle has no trunk.

Exempts passengers in vehicles designed primarily for transporting persons for compensation (buses, taxis, limousines) and passengers in living quarters of motor homes, mobile homes, travel trailers, or fifth-wheel travel trailers.

Establishes a civil penalty of $50 plus administrative court assessment for violations, with penalties payable to the Voluntary Assessment Center.

Prohibits the Division of Motor Vehicles from including open container violations on a person's driving record or considering such violations in any proceeding affecting driver's license suspension, revocation, or renewal.