Curious about drinking alcohol

[LucidPhotographer]

Let's say you are parked and camping, in the back of your van and the keys are in your pocket. You decide to have a couple drinks with dinner or whatever...could that be considered a DUI or open container? What about if you are in a TT/Fiver/Cargo conversion? This just randomly popped into my mind tonight since I am STILL in the planning/research stage of what RV I want and I do like to have a few drinks every now and then.

 

[josephusminimus]

Good question.&nbsp; I've got a bottle of Jack Daniels Black Label about 1/4 full I've kept around in plain sight since December 31, 1999, when I drank the other 2/3 preparing for Y2K.&nbsp; I've figured sometime if something happens to cause it to seem appropo I'd finish it off.<br /><br />But the question you asked came to my own mind as I thought about where to put it if I take it along, then whether to take it along because of it being an open container.<br /><br />Maybe, thinks I, it's time to leave that last remnant of Y2K behind.<br /><br />In your situation the answer might vary all over the map depending on the jurisdiction you're in and local interpretations of applicable laws.

 

[Willy]

&nbsp;I always try to be on private property or out in the woods. You can always take your keys out of your pocket and put them somewhere in your rig. If, for whatever reason, I'm on the side of the road, or something along those lines, I make sure that there's no booze OUTSIDE of my rig.. why invite trouble? ..Willy.

 

[Van Tripper]

Open container is a no no, period. &nbsp; Drink in a bar, best to sleep in a motel DUI, is a yes, laws do not change just because you decide to live in your van. &nbsp;Houses don't move, vans/RVs do.

 

[Pikachu711]

The best advice I can give about open containers in any vehicle is don't leave the keys in the ignition. A buddy of mine was arrested &amp; eventually convicted of DUI (alcohol) while sitting in his parked car with the key in the "battery" position while listening to the car radio.<br /><br />It doesn't matter whether you're doing 0 or 55+ mph! As long as the key is in the ignition your vehicle it is being operated. Play it safe, remove the key from the ignition.

 

[LucidPhotographer]

Jack, I agree with you as it would probably be open to interpretation and it would be different city from city, officer to officer. I would never carry any opened liquor bottle around with me. It is just too risky.<br /><br />I guess if one was parked on the side of the road, Walmart, truck stop that drinking would probably be a bad idea but maybe not as dangerous out on some NF or BLM lands.<br /><br />Pika I have heard stories same as your friend's. I don't believe the ignition even has to be switched on, as long as the keys are in there....they got ya.<br /><br />In my mind it seems riskier to drink in a van or motorhome than in a truck camper or any pull behind.

 

[Pikachu711]

Lucid: I wouldn't doubt that that there are laws that vary from various jurisdictions that make it a crime to have the keys anywhere within the vicinity of the ignition. Why take the chance?

 

[josephusminimus]

Interesting problem.&nbsp; I make medicinal tinctures of various herbs, tree barks, blooms, seeds, leaves.&nbsp; I also buy some tinctures from health product suppliers or Oriental markets.&nbsp; Ginseng, for instance, is too cheap buying it to justify making it.<br /><br />But whether I make them myself, or buy them somewhere, the tinctures are frequently made in grain alcohol.&nbsp; I'd never considered the possibility I was violating any DUI law by having them in the RV if the containers were large enough to allow a vial or bottle to be only partially used with each dose.<br /><br />In fact, the ones from Oriental markets are usually single-dose-per-vial, but it's possible to inadvertently leave some in the bottom.&nbsp; And I clean up the vials several at a time, usually, so I might have a few with a bit of tincture still liquid in the bottoms.<br /><br />I might well have been violating DUI laws.<br /><br />When I re-use the vials I normally just cork them, which might also qualify as open containers.<br /><br />

 

[Pikachu711]

josephusminimus: Probably the best thing you can do is keep anything that could be legally considered an "open container" item be kept in some type of covered container. Just don't leave any of these items in "plain sight" just in case of LEO encounters. I recall reading somewhere that anything in "plain sight" is fair game for LEO's to make open containers an issue. Maybe some type of convenient storage area for these items might be in order?

 

[LucidPhotographer]

True Pika, I wouldn't want to risk it. <br /><br />Jack, I suppose they could twist that into a DUI or open container but if it is stored out of sight and closed to where no scent of alcohol comes out, they probably wouldn't even think about it containing it.<br /><br />Never know though. I was riding out with my dad about a month ago and we came up on a license check. My dad wears a necklace that has a pot leaf on it just as a conversation starter. He doesnt smoke the stuff. Anyway, the cop seen it and asked if there was any weed in the car and we both said no. He also saw some empty prescription bottles in the open part of the console that my dad keeps his tobacco chew in while he is eating or something and asked about those. They still wanted to search the vehicle just based on that.

 

[Pikachu711]

Actually I should do this myself when I hit the road next year. I always keep a few bottles of my favorite liquor selections in the apartment for the occasional drink or two. No point in leaving them behind if I place them in some type of storage area in the "house" area of the van.

 

[owl]

&nbsp;&nbsp; In the campgrounds I run in the NF the NFLE and county Sheriffs come through regularly. There are vans, motorhomes, tt, tents and folks sleeping in their cars. Not once has it been any kind of issue. If you are in a moving vehicle on a road thats a different deal. In my opinion, you are much better off on Nf or BLM than in a parking lot anywhere.

 

[Van Tripper]

Folks no twisting needed, it is the law. &nbsp;If you are drunk and keys in ignition, DUI. &nbsp;Open container in sight, open container violation(even if in truck bed, depends on officer if you can convince that you recycle). &nbsp;If you give permission to search and finds open containers in trunk,BUSTED. &nbsp;Advice, keep alcohol and all drugs and paraphernalia, out of vehicles. &nbsp;Unfortunately, automobiles are not afforded the same protections as a house. &nbsp;As far as campgrounds and the like, I suspect public intoxication would be involved, probably a lot to do with attitude, bad 'tude get bad 'tude, might get Hank Jr's attitude adjustment(stick up side of head, visit from Rin Tin Tin).

 

[Pikachu711]

Van Tripper: For the purposes of this reply to your comment let's already assume that I'm already living in my van. Let's also assume that I've got two bottles of liquor stored somewhere in the "home" section of my van in a "out of plain view" area. Since that is my "home" I have no other place to store it. As a general rule, I don't "drink &amp; drive" after one close call. All it took was that one time to scare me from doing that again.<br /><br />If I decide to carry my two bottles in a covered storage area in the home section that should be enough to keep the prying eyes of LEO's from making that an issue. If approached by a LEO I would respectfully respond to the LEO, "Officer, with all respect due, I don't consent to warrantless searches." He certainly will not like that statement but unless I consent to his search or he has "probable cause" to do so he has no idea of what I have in my van.<br /><br />Again, I have NO intention of drinking &amp; driving at anytime in the future. In fact, I've gotten telephone calls from drunk buddies occasionally in the past who needed a ride home because they were beyond the point of driving home safely. I happily obliged them as I don't want them to harm themselves or others.<br /><br />But isn't it a bit extreme to say that I shouldn't carry anything questionable in my van (when I'm living in it) even if I'm operating it totally sober and just traveling from point A to point B? The only time I'd be drinking any alcohol is once the van is parked and I'm parked somewhere where it's a "non issue."<br /><br />To sum up, I don't ever plan on being a DUI driver in the future. Carrying two bottles in the home section of the van while operating my van sober should not be an issue if I don't consent to a vehicle search.<br /><br />JHMO<br /><br /><br />P.S. I just recalled a statement made by an attorney on a Youtube video about DUI traffic stops. I'll paraphrase as best I can recall here. He said, "If a law enforcement officer asks you to step out of your vehicle, you can almost expect to be arrested."<br /><br />FYI

 

[josephusminimus]

<p>Pikachu711:&nbsp; Seems reasonable, which doesn't have much to to with being arrested evidently, as we discussed on another thread.<br /><br />Similar to the question I had earlier about various tinctures in a base of grain alcohol.<br /><br />Boils down, seems to me, to whether a person's going to behave reasonably and ignore the possibility of running into a rabid dog in uniform adding a growth experience to our lives, or whether to allow the possibility of running into one to exert unreasonable control on our behaviors.<br /><br />Not an easy call.&nbsp;<br /><br />Edit:&nbsp; Now that I got thinking about it, I read somewhere during the past year-or-so that Willie Nelson was performing somewhere and his bus was searched.&nbsp; My memory is vague, but my recollection is that someone on the bus had a roach and everyone on the bus got busted.<br /><br />If they're worried that Willie's a threat to the peace and dignity of the state, or country, guys selling insurance, cleaning out septic systems and repairing automobiles, along with people such as you and me, probably might as well learn to sing and play the guitar.&nbsp; We ain't likely to get left out of the fun.</p>

 

[katelyn]

from my experience with drinking while camping in a campground, i haven't ever had problems unless you don't pick up your cans or trash. i would never drink in my van in the city what so ever! too much of a risk..but if you are on public lands, blm, national forests and parks, where you plan on spending the night and aren't causing problems i think it would be perfectly fine.&nbsp; my opinion is if you are legally able to stay there then have some brews and keep your keys in your pocket<img src="/images/boards/smilies/smile.gif" border="0" align="absmiddle">&nbsp; And for storing liquor bottles, keep them in the back where you store food/spices/and canned goods.

 

[wrcsixeight]

Once, many years ago I was sleeping one off in my van outside a friend's house and got the dreaded knock. &nbsp;Sure enough mr LEO by my front door telling me to roll down the window. &nbsp;I told him flat out no way am I putting the keys in the ignition to roll down the window.<br /><br /><br />He seemed a little disappointed to not get such an easy arrest, but respected my foresight, or was just cool enough, to just say to not make a habit of it and I slept in place till midmorning.<br /><br />Perhaps the steering wheel lock in place, and the fact that I had no idea where my keys were at the time,( he asked if they were in my pocket), showed I had no intents of driving.&nbsp;<br /><br />I never keep open containers in my vehicle but rarely partake anymore anyway. &nbsp;If I did, they would be buried deep.<br /><br />I think in some states, if the vehicle is registered as an RV, and they are not within reach of the driver, open containers are permitted.

 

[lampliter]

Perception is reality.<br />Blue Moon.

 

[wandering mike]

Some states; e.g. Ohio, the keys don't have to be in the ignition. &nbsp;The crime is being in physical control of a vehicle while intoxicated. &nbsp;In Ohio, make sure the keys are not even in the vehicle if you have been drinking. &nbsp;A guy in Ohio was busted for DUI while trying to break into his car to get to the keys (his girlfriend had the keys and was in the car but locked him out.) &nbsp;<br /><br />As to open container laws, I too have never heard it to be a practical problem, but I would consider any place that is not locked from access by a key, similar to the trunk of a car, to be a potential concern, especially if the officer was being less than nice. &nbsp;Yes, the half a bottle of white wine in the RV fridge is an issue; the opened bottle of&nbsp;whiskey&nbsp;in the sock drawer is an issue. &nbsp;Any place that could be accessed without opening a lock would concern me from a potential legal standpoint under open container laws. &nbsp;I keep any alcohol in an outside compartment when traveling or when staying in any place that is not clearly a campsite; e.g. Walmart. &nbsp; Just not worth the risk of losing my home or the ability to drive my home.

 

[Grandma]

Very interesting topic.&nbsp; I enjoy a glass of wine, but I have decided to try and not depend on anything daily so much that I just have to have it.<br />Even chocolate!!&nbsp; This might be hard. What if something happened and we had to "Bug Out"?&nbsp; I don't want to be a nervous wreck if I can't get<br />something in particular.&nbsp; Coffee would be the hardest.<br /><br /> I'm so glad I read about this "open container"...I never thought of that. Can you have a drink of alcohol if you're in a RV park or camp ground?<br /><br />