G.S. 20-138.2C. Possession of alcoholic beverages while operating a commercial motor vehicle

The full text of G.S. 20-138.2C (Possession of alcoholic beverages while operating a commercial motor vehicle), with plain-English commentary from North Carolina DWI defense attorneys Chris Adkins and Chris Purkey in the side column. Article 3: Motor Vehicle Act of 1937.

Attorney commentary

This section makes it an offense to drive a commercial motor vehicle (as defined in G.S. 20-4.01(3d)) on a highway, street, or public vehicular area while any alcoholic beverage, open or closed, is in the passenger area. The State does not have to show the driver drank anything. There is one exception: the driver of an excursion passenger vehicle, a for-hire passenger vehicle, a common carrier of passengers, or a motor home is not covered when the alcohol belongs to a passenger or is in the passenger area.

What it means in a DWI case

It is a possession offense, not an impairment offense. It can be charged on its own or next to G.S. 20-138.2 (impaired driving in a commercial vehicle) or G.S. 20-138.2A (driving a commercial vehicle after consuming alcohol).
A sealed, unopened container is enough. That makes this rule stricter than the general open-container law in G.S. 20-138.7.
The section sets no penalty of its own. It sits in Part 10 of Article 3, and G.S. 20-176 makes a Part 10 violation an infraction, with a penalty of up to $100, unless another law specifically provides otherwise.
This section is not on the list of one-year disqualifying offenses in G.S. 20-17.4(a). A CDL holder should still review possible employer and federal consequences with counsel.

Watch for

Vehicle type. The State must show the vehicle meets the G.S. 20-4.01(3d) definition of a commercial motor vehicle. Check the vehicle’s weight rating, design, and use against that definition.
Location of the container. This section does not define “passenger area.” Find out exactly where the beverage was found and whether that space fits the term.
The passenger-carrier exception. For buses, limousines, other for-hire carriers, and motor homes, ask whose alcohol it was.
Place of driving. The driving must have been on a highway, street, or public vehicular area.

Key cases

In our November 2026 review we did not confirm a published North Carolina appellate decision interpreting G.S. 20-138.2C, so no cases are listed here. We will add any we confirm later.

The text above reflects the original 1999 enactment (S.L. 1999-330, s. 2). The statute’s history line on this page shows no later amendments.

Commentary by Attorney Chris Adkins & Attorney Chris Purkey, Adkins & Purkey, PLLC · Reviewed November 2026 · General information, not legal advice.

§ 20-138.2C. Possession of alcoholic beverages while operating a commercial motor vehicle.

A person commits the offense of operating a commercial motor vehicle while possessing alcoholic beverages if the person drives a commercial motor vehicle, as defined in G.S. 20-4.01(3d), upon any highway, any street, or any public vehicular area within the State while having an open or closed alcoholic beverage in the passenger area of the commercial motor vehicle. This section shall not apply to the driver of a commercial motor vehicle that is also an excursion passenger vehicle, a for-hire passenger vehicle, a common carrier of passengers, or a motor home, if the alcoholic beverage is in possession of a passenger or is in the passenger area of the vehicle. (1999-330, s. 2.)

Official text of N.C. Gen. Stat. § 20-138.2C as published by the North Carolina General Assembly (Chapter 20 PDF, retrieved November 10, 2026). Verify the current version on ncleg.gov ↗.

G.S. 20-138.2C. Possession of alcoholic beverages while operating a commercial motor vehicle

§ 20-138.2C. Possession of alcoholic beverages while operating a commercial motor vehicle.

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