California Motor Vehicle Code 23220
Drinking While Driving is Prohibited
If driving under the influence of alcohol is illegal, there is no situation during which drinking while driving is permissible. Vehicle code 23220 points out that no person shall drink any alcoholic beverage while operating a motor vehicle on a highway.
Drinking an alcoholic beverage while driving will be defined as having an open container in possession or close proximity to the driver while the vehicle is being operated. Drivers must be careful to have any open or opened container of alcohol that is not being consumed but merely transported, far away from the driver and in the trunk of the vehicle if possible. If a driver in this situation were to be pulled over for any reason, a police officer may be suspicious of any open container.
Drivers must use common sense and be safe while driving. Drinking while driving is a dangerous distraction and is not worth the punishment.