RV Life and DUI laws.

[Dan-sr@perra-us.net]

I just got to thinking about what I was taught in Driver ED way back in the 60s about having an open container of an adult beverage in the passenger compartment. At Drivers Ed I was told to never allow anyone in the car with me while I was driving to have open container of alcohol. We were told that we could be arrested for DUI just because of the open container regardless of any indication or lack thereof that I had been drinking. Perhaps this was exaggerated rhetoric designed to keep young impressionable minds away from drinking and driving. So, now to my question, fast forward 25 years to when I purchased my first motorhome.
1. The RV has a refrigerator.
2. If I carry something like wine or hard liquor for mixers to consume while of the road, that have been opened but not emptied might that be considered an "open container"?

As a result, I have never carried any alcoholic beverages in my Motorhome.

Finally, my question how do "open Container" laws affect having an open Wine or Liquor container within the main body, in the refrigerator or a pantry for example, of a motorhome?

[16ACE27]

"Open Container" laws vary from state to state. What you described may exist in some states but not others.

In addition, I don't think a closed bottle of wine in the fridge or a closed bottle of liquor in the pantry, even with the seal broken, meets the definition of "open container" in most if not all states. You gotta have a solo cup cocktail or an open beer can or bottle in reach of the driver.

As far as "open containers" in the pantry or fridge: the LEO has no legal authority to inspect those areas without sufficient probable cause that you are driving under the influence, even then, a search beyond the cab are could be problematic.

So bring your adult beverages in the RV, a majority of MH owners do, just don't drive under the influence

[The Gritz Carlton]

A motorhome is considered an extension of your house. Anything behind the driver's compartment isn't considered the vehicle...unless...someone is seen actively drinking while underway. Partial bottles of liquor and wine are perfectly legal as long as they are stowed away in closable cabinets, out of reach of the driver or front passenger(s). We always make sure the trash is empty before departing campsites so that gray area of open container can't be enforced. As previously stated, there must be probable cause to even pull you over and a search warrant is required (as a result of probably cause) to search your RV unless you give them permission on sight to do so. NEVER agree to a search. BUT....there's lots of Barney Fifes out there and the interpretation of "the law" is at their advantage in the middle of the night.

[EA37TS]

Originally Posted by The Gritz Carlton

A motorhome is considered an extension of your house. Anything behind the driver's compartment isn't considered the vehicle...unless...someone is seen actively drinking while underway. Partial bottles of liquor and wine are perfectly legal as long as they are stowed away in closable cabinets, out of reach of the driver or front passenger(s). We always make sure the trash is empty before departing campsites so that gray area of open container can't be enforced. As previously stated, there must be probable cause to even pull you over and a search warrant is required (as a result of probably cause) to search your RV unless you give them permission on sight to do so. NEVER agree to a search. BUT....there's lots of Barney Fifes out there and the interpretation of "the law" is at their advantage in the middle of the night.

Laws are different state to state. The US Department of Housing and Urban Development does not consider an RV a legal dwelling and many states do not allow them as a permanent residence. Since they are registered as motor vehicles and can easily drive away the motor vehicle exception to search and seizure laws (4th amendment) can apply.

[MJC62]

If you are towing a car, store the booze in the toad.

[EA37TS]

Originally Posted by MJC62

If you are towing a car, store the booze in the toad.

Store it in a locked storage compartment out of the reach of the driver. Same with transporting firearms and ammunition.

[Elite Washington]

Oh lord if there were cops giving out DUI because of booze in the back of your motorhome I think the industry would collapse. Have you ever seen a NASCAR event. All those campers in the pit camping didn’t buy their booze at the track.

[macdaddy1111]

Word!

[The Gritz Carlton]

Originally Posted by EA37TS

Laws are different state to state. The US Department of Housing and Urban Development does not consider an RV a legal dwelling and many states do not allow them as a permanent residence. Since they are registered as motor vehicles and can easily drive away the motor vehicle exception to search and seizure laws (4th amendment) can apply.

I'll keep a closer eye out for The US Department of Housing and Urban Development patrolling the highways that are under the jurisdiction of The Department of Transportation. So far, I've never seen them...never been pulled over by them...but...I'm open to learning new stuff every day. Traveling with alcohol is totally legal in any vehicle...even motorcycles...it depends on where you store it and if it's open/been opened or not. Your automobile is also considered an extension of your home but you can't legally live in it either. Traveling with alcohol is no different than traveling with a loaf of bread or baby formula as long as you comply with local requirements.

[16ACE27]

Originally Posted by The Gritz Carlton

I'll keep a closer eye out for The US Department of Housing and Urban Development patrolling the highways that are under the jurisdiction of The Department of Transportation. So far, I've never seen them...never been pulled over by them...but...I'm open to learning new stuff every day. Traveling with alcohol is totally legal in any vehicle...even motorcycles...it depends on where you store it and if it's open/been opened or not. Your automobile is also considered an extension of your home but you can't legally live in it either. Traveling with alcohol is no different than traveling with a loaf of bread or baby formula as long as you comply with local requirements.

Luckily, the IRS does consider your RV to qualify as a second home.

[Lt Keefer]

A lot of conjecture on this thread. Each state is different in dealing with open containers. In Texas, a passenger may drink in the living quarters of a motorhome while underway. In Minnesota, they may not. Instead of asking this forum, search the web, you'll get a more accurate answer.

[The Gritz Carlton]

We like arguing better.

[Travelin' Texans]

Honestly NEVER gave this a thought!
And doubt I will in the future!
Unless you have that open bottle on your lap or the cup holder next you with your hand on it then why worry! If you do have there I hope you get caught & they lock you up & throw away the key.
There's enough idiots on the highways without them drinking also.

[Ohgun]

Originally Posted by 16ACE27

"Open Container" laws vary from state to state. What you described may exist in some states but not others.

In addition, I don't think a closed bottle of wine in the fridge or a closed bottle of liquor in the pantry, even with the seal broken, meets the definition of "open container" in most if not all states. You gotta have a solo cup cocktail or an open beer can or bottle in reach of the driver.

As far as "open containers" in the pantry or fridge: the LEO has no legal authority to inspect those areas without sufficient probable cause that you are driving under the influence, even then, a search beyond the cab are could be problematic.

So bring your adult beverages in the RV, a majority of MH owners do, just don't drive under the influence

Thanks for the tip but honestly, I'd rather not bring any adult beverages. I need to maintain constant focus when I start Motorhome-living. I want my motorhome-life to be of constant training and prepping.

[HMCSW]

Originally Posted by Dan-sr@perra-us.net

I just got to thinking about what I was taught in Driver ED way back in the 60s about having an open container of an adult beverage in the passenger compartment. At Drivers Ed I was told to never allow anyone in the car with me while I was driving to have open container of alcohol. We were told that we could be arrested for DUI just because of the open container regardless of any indication or lack thereof that I had been drinking. Perhaps this was exaggerated rhetoric designed to keep young impressionable minds away from drinking and driving. So, now to my question, fast forward 25 years to when I purchased my first motorhome.
1. The RV has a refrigerator.
2. If I carry something like wine or hard liquor for mixers to consume while of the road, that have been opened but not emptied might that be considered an "open container"?

As a result, I have never carried any alcoholic beverages in my Motorhome.

Finally, my question how do "open Container" laws affect having an open Wine or Liquor container within the main body, in the refrigerator or a pantry for example, of a motorhome?

If you have law enforcement wanting to come into your RV to look for ETOH you have really pissed that person off. Can not imagine ever having to worry about it. We always have an opened container of bourbon on board.

[16ACE27]

Originally Posted by Ohgun

Thanks for the tip but honestly, I'd rather not bring any adult beverages. I need to maintain constant focus when I start Motorhome-living. I want my motorhome-life to be of constant training and prepping.

OK, you do you and I'll do my thing (which doesn't involve drinking alcohol any more - insert "not drinking any less" joke here). But my wife drinks a beer or has a glass of wine occasionally. Not something on my "worry list".

[Dan-sr@perra-us.net]

Originally Posted by 16ACE27

"Open Container" laws vary from state to state. What you described may exist in some states but not others.

In addition, I don't think a closed bottle of wine in the fridge or a closed bottle of liquor in the pantry, even with the seal broken, meets the definition of "open container" in most if not all states. You gotta have a solo cup cocktail or an open beer can or bottle in reach of the driver.

As far as "open containers" in the pantry or fridge: the LEO has no legal authority to inspect those areas without sufficient probable cause that you are driving under the influence, even then, a search beyond the cab are could be problematic.

So bring your adult beverages in the RV, a majority of MH owners do, just don't drive under the influence

I could see a LEO stopping a motorhome on suspicion of impaired driving just based on having trouble keeping to the center of the lane in a cross wind. That could be enough to justify a probable cause search. Even if that would likely be tossed out in court you still have the inconvenience and cost factor of fighting the charges. All because the leo is having a bad day.

[HMCSW]

Originally Posted by Dan-sr@perra-us.net

I could see a LEO stopping a motorhome on suspicion of impaired driving just based on having trouble keeping to the center of the lane in a cross wind. That could be enough to justify a probable cause search. Even if that would likely be tossed out in court you still have the inconvenience and cost factor of fighting the charges. All because the leo is having a bad day.

Well then do not do it, jeez.