§ 72.036 POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER IN THE PASSENGER AREA OF A MOTOR VEHICLE.
   (A)   It is unlawful for the operator or a passenger of a motor vehicle to consume any alcoholic beverage in the passenger area of a motor vehicle located on a public highway or right-of-way of a public highway in this municipality, whether the vehicle is in motion or at rest.
   (B)   It is unlawful for the operator or a passenger of a motor vehicle to knowingly possess any open alcoholic beverage container in the passenger area of any motor vehicle that is located on a public highway or right-of-way of a public highway in this municipality, whether the vehicle is in motion or at rest. Possession by a person of one or more open containers in a single criminal occurrence is a single offense.
   (C)   The provisions of this section are not applicable to a passenger:
      (1)   In the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation including, but not limited to, a bus, taxicab, or limousine; or
      (2)   In the living quarters of a motorized or non-motorized house coach, house trailer, motor home, or self-contained camper.
(W. Va. Code § 17C-5D-3) Penalty, see § 72.999