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41-6a-526. Drinking alcoholic beverage and open containers in motor vehicle
prohibited -- Definitions -- Exceptions.
(1) As used in this section:
(a) "Alcoholic beverage" has the same meaning as defined in Section 32A-1-105.
(b) "Chartered bus" has the same meaning as defined in Section 32A-1-105.
(c) "Limousine" has the same meaning as defined in Section 32A-1-105.
(d) (i) "Passenger compartment" means the area of the vehicle normally occupied by the
operator and passengers.
(ii) "Passenger compartment" includes areas accessible to the operator and passengers
while traveling, including a utility or glove compartment.
(iii) "Passenger compartment" does not include a separate front or rear trunk
compartment or other area of the vehicle not accessible to the operator or passengers while inside
the vehicle.
(2) A person may not drink any alcoholic beverage while operating a motor vehicle or
while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any
highway.
(3) A person may not keep, carry, possess, transport, or allow another to keep, carry,
possess, or transport in the passenger compartment of a motor vehicle, when the vehicle is on any
highway, any container which contains any alcoholic beverage if the container has been opened,
its seal broken, or the contents of the container partially consumed.
(4) Subsections (2) and (3) do not apply to a passenger:
(a) in the living quarters of a motor home or camper;
(b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in
compliance with Subsections 32A-12-213(3)(b) and (c); or
(c) in a motorboat or on the waters of this state as these terms are defined in Section
73-18-2.
(5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus.
41-6a-523. Persons authorized to withdraw blood -- Immunity from liability.
(1) (a) Only a physician, registered nurse, practical nurse, or person authorized under
Section 26-1-30, acting at the request of a peace officer, may withdraw blood to determine the
alcoholic or drug content.
(b) The limitation in Subsection (1)(a) does not apply to taking a urine, breath, or oral
fluid specimen.
(2) Any physician, registered nurse, practical nurse, or person authorized under Section
26-1-30 who, at the direction of a peace officer, draws a sample of blood from any person whom
a peace officer has reason to believe is driving in violation of this chapter, or hospital or medical
facility at which the sample is drawn, is immune from any civil or criminal liability arising from
drawing the sample, if the test is administered according to standard medical practice.
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