N.Y. Vehicle & Traffic Law Section 1227
Consumption or possession of alcoholic beverages in certain motor vehicles

1.

The drinking of alcoholic beverages or consumption of cannabis, or the possession of an open container containing an alcoholic beverage, in a motor vehicle located upon the public highways or right-of-way public highway is prohibited. Any operator or passenger violating this section shall be guilty of a traffic infraction. The provisions of this section shall not be deemed to prohibit the drinking of alcoholic beverages, the consumption of cannabis by means other than burning, or the possession of an open container containing an alcoholic beverage by passengers in passenger vehicles operated pursuant to a certificate or permit issued by the department of transportation or the United States department of transportation. Furthermore, the provisions of this section shall not be deemed to prohibit the possession of wine which is:

(a)

resealed in accordance with the provisions of subdivision four of Alcoholic Beverage Control Law § 81 (License to sell wine at retail for consumption on the premises)section eighty-one of the alcoholic beverage control law; and

(b)

is transported in the vehicle’s trunk or is transported behind the last upright seat or in an area not normally occupied by the driver or passenger in a motor vehicle that is not equipped with a trunk.

2.

For the purposes of this section, a passenger vehicle shall mean a vehicle designed to carry ten or more passengers and used to carry passengers for profit or hire.

Source: Section 1227 — Consumption or possession of alcoholic beverages in certain motor vehicles, https://www.­nysenate.­gov/legislation/laws/VAT/1227 (updated Apr. 9, 2021; accessed Nov. 15, 2025).

1210
Unattended motor vehicle 1211
Limitations on backing 1212
Reckless driving 1213
Obstruction to driver’s view or driving mechanism 1214
Opening and closing vehicle doors 1215
Driving on mountain highways 1216
Coasting prohibited 1217
Following emergency fire vehicles prohibited 1218
Crossing fire hose 1219
Putting glass or other injurious substances on highway prohibited 1220
Throwing refuse on highways and adjacent lands prohibited 1220–A
Liability for violation of a local law prohibiting unlawful dumping in a city having a population of one million or more 1220–B
Unlawful solicitation of ground transportation services at an airport 1220–C
Work permits for work on state highways 1221
Driving through safety zone prohibited 1222
Persons riding on trucks 1223
Lights on vehicles used for transportation of passengers 1223–A
School buses 1224
Abandoned vehicles 1225
Avoiding intersection or traffic-control device 1225–A
Driving on sidewalks 1225–B
Retail sale of frozen desserts by motor vehicle 1225–C
Use of mobile telephones 1225–D
Use of portable electronic devices 1226
Control of steering mechanism 1227
Consumption or possession of alcoholic beverages in certain motor vehicles 1228
Riding in house coach trailers 1229
Sign required on privately-owned vehicle used in delivery of mail 1229–A
Pedestrians, animals, and non-motorized vehicles prohibited on state expressway highways or state interstate route highways including the... 1229–B
Operation of school, camp and charter omnibuses with passengers standing prohibited 1229–C
Operation of vehicles with safety seats and safety belts 1229–D
School bus attendant
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Verified:
Nov. 15, 2025

Last modified:
Apr. 9, 2021

§ 1227. Consumption or possession of alcoholic beverages in certain motor vehicles's source at nysenate​.gov

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