New York State VTL § 1227-1 “Consumption of Alcoholic Beverage or Cannabis in Motor Vehicle”

Published on 4/11/2025

May appear in Description of Violation on ticket as “CONSUMPTIONAL/ALCOHOL IN MOTR VEHICLE”

Vehicle & Traffic Law § 1227-1 prohibits the consumption of alcohol or marijuana while driving. It also prohibits having an open container of alcohol in a vehicle. The fine is determined by the judge, with the maximum being $150 + $93 surcharge. VTL 1227-1 is not a criminal charge and does not have points. However, it will appear on your driving record and will likely impact your insurance rates. A ticket for VTL § 1227-1 is often issued in connection with more serious DWI charges or in lieu of such charges where actual intoxication is not evident.

Text of the Statute

§ 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 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.

Fighting a 1227-1 Ticket

It is not unethical or illegal to plead Not Guilty to this violation even if you committed the alleged infraction. Contrary to popular belief, a Not Guilty plea does not mean you are claiming that the police officer was lying or mistaken. Pleading Not Guilty means that you are utilizing your constitutional rights to require that the government prove the charges. A motorist that receives a traffic ticket can fight the violation regardless of whether they are true, partially true, false, or partially false.

In New York State, motorists can retain a law firm to handle their traffic ticket in its entirety. This means your attorney can file the Not Guilty plea for you and should be able to make necessary court appearances in your place. The charges can likely get reduced or dismissed without the motorist having to take off from work or even leave their home. For more detailed information, you can contact the attorneys at the Benjamin Goldman Law Office.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State law firm that practices Vehicle & Traffic Law. Our firm should be able to help with any traffic-related charges issued in any New York jurisdiction. We have experience fighting this particular violation in many courts. Our firm helps clients in the following regions: Western New York, Finger Lakes, Southern Tier, Central New York, Mohawk Valley, Capital District, Hudson Valley, Catskill Mountains, New York City, and Long Island. For more information, you can reach out to our team during regular business. We can be reached by phone call, text message, website submission, or email. You can also meet us in person should you be so inclined. The Benjamin Goldman Law Office is looking forward to taking on your case.