Drinking/getting drunk in the back of a van.

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Kenny P

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I’m sure it varies state to state but I’m curious the legality of drinking and being drunk in the back of a van.
Van would be parked on a public road.
Van has a homemade partition with pass-through door.
Keys would be in the back not on my person.
I’m in Oregon, USA.
 
Don't know the answer, but you are speaking my language -- I prefer sitting in my Cargo trailer drinking a little Red wine & beer-- listening to some FogHat and being way off & AWAY from ANY public road--instead be in a campground site. Cheers from Southern Illinois and please don't drink and drive. t
 
Here is a link to the law's summary. OK in the living quarters of RV, but I would get off the highway or be in a campground. There are some campgrounds without gates. Those campgrounds never close, so you could try that. Also more boondocking spots available in the mountains in Oregon than in other parts of the state.  -crofter
https://dui.drivinglaws.org/resources/oregon-s-open-container-law.html

A little known boondocking ploy is to stealth park overnight at a trailhead parking lot, not free but cheap. If you get hassled you could be going on an early morning hike or waiting for someone. Are you near a trailhead? -crofter
 
Kenny P said:
. . .
Keys would be in the back not on my person.

A DUI conviction  on a bicycle is possible. 

https://dui.drivinglaws.org/resources/dui-arrest-on-bicycle.htm 

Where does the key location concept come from?  Do DUI laws specify location of keys?  If keys must be present would having a combination lock (no key) make drunk bike riding ok? What about cars with keyless electronic systems?

It might be good to consult a local defense lawyer for advice. Consider paying a retainer fee so that he is your lawyer. That way when you say you want your lawyer there is such an entity as "your" lawyer.
 
Be careful on roadways. That said I do it all the time, but in parking lots, not street parking. Street parking you make me nervous.

I have only be 'hassled' once. A police offer knocked on my windows one night in a bar parking lot. It was about 6am and I just stayed in bed. (I only know it was police based on reflections of their lights through my roof vent) I figured if they were really interested they would get a warrant and come back or be more persistent. They left after a minute or two.

My van is such that you cannot see into the living quarters at all, so I chose to remain silent. It might be very different if I was still sitting there drinking with the lights on.

The key issues is that if you have the keys in your possession you are viewed to be operating the vehicle in some jurisdictions. I think a little common sense and courtesy goes a long way. Whether you were driving or in control of a vehicle is a question of both fact and law, but you don't want to get to the place where you need a trial to determine those issues. Don't look to the police like you are about to drive, or drove drunk and most times you can avoid arrest and ticketing.

You can always be arrested and the facts can be argued later, but it is better to avoid the issue in the first place. If you are legally in a place you can remain overnight you are less likely to be hassled. If sleeping in your vehicle is illegal you are in the position of arguing you were going to avoid driving while intoxicated (one crime) by sleeping in your vehicle (another crime). Don't put yourself in the position of making that argument.
 
In my state being drunk (or open bottle) in a vehicle on a public road with access to keys is an offense.

Best advice - don't chance it
Next best advice - talk to a lawyer familiar with local DWI law.

This is a big money maker for the state and lawyers, so some places are very aggressive about this.
 
Not worth the risk.


The parking at trailheads won't work at this point in time as the trails themselves might well be closed. So before you do that check the status of the trailhead at the Oregon State website. Also look for signs posted at a trailhead. If an officer of the law sees someone parked at a trailhead that is closed then for sure they will stop and take down license plate numbers and be knocking on your window. They won't be listening to your excuse of pulling over to get drunk would they? If you are drunk you would not be able to drive so that excuse won't work either. You would be pretty much in some real hot water.

If a law enforcement officer smells alcohol on you or you look impaired and are parked by the side of the road you will be get tested for how drunk you are and your vehicle will be towed away if you are too impaired to drive. There will be an incident on your license. You will eventually have to show up in court which could impeded your travel plans for quite some time since the courts are running very slow with Covid-19 restrictions in place. You certainly do not want to end up in a cell in close contact with strangers.

If you have a drinking issue there are online chapters of AA
 
update: trail heads in Oregon are closed until September 30. Do not park at the trail heads, you can get towed.
 
maki2 said:
update:  trail heads in Oregon are closed until September 30.  Do not park at the trail heads, you can get towed.
Wow I did not know that national forest is closed in Oregon. Must be really hunkered down if you can't go for a hike in the woods there.  If I had to sit in my van all day I would go batty.  -crofter

https://www.fs.usda.gov/mthood/
 
crofter said:
Wow I did not know that national forest is closed in Oregon. Must be really hunkered down if you can't go for a hike in the woods there.  If I had to sit in my van all day I would go batty.  -crofter

https://www.fs.usda.gov/mthood/

Because the developed sites are closed, that does not mean that dispersed camping is also closed. If your near-term plans include dispersed camping on federal lands, call the local office to make sure. 

The national forest (not in Oregon) where I am going next specifically says that the reason they are closing developed sites is to avoid creating people concentrations, in order to protect both visitors and campers, but they intend to keep dispersed recreation, including hiking, open for as long as possible.

Local federal land mangers usually have a great deal of discretion. Don't assume that what is true for Mt Hood NF is true for other Oregon national forests, let alone national forests in other states. Unless of course you read a policy issued by the national office.
 
Here is the link for checking on that. One page says driving is allowed on forest roads but they are not plowing the snow. Also there are FS webcams so you can check out the current snow depth. 

The link includes another link to the FS order, lists enforcement level: education, warning, citation, arrest. I would avoid the last two.

-crofter

https://www.fs.usda.gov/alerts/rogue-siskiyou/alerts-notices/?aid=57432
 
Just get a comfortable chair and sit outside to do your drinking.Aways offer a cop a cold beer to get on his good side.
 
It really depends on where you park. Some areas do not allow open containers out of doors in public places.
 
Help clear up the chance of a criminal charge by making a clear partition between the driving area and living area. Police need a warrant and probable cause to search your "home". Don't drink or have any alcohol in the driving area. Good idea to just sit tight in your home area... until the police bring out the tow trucks. I wouldn't recommend parking on the street unless it is legal to do so. Most towns have ordinances that prohibit vehicle dwelling on the street, but that might have a time limit requirement to prove.
 
It seems legal in every state to drink beyond .08 BAC within the living quarters of a camper while parked in a designated campsite. NEVER while parked near any public right-of-way, and not in a vehicle's front seats. Personally, I don't drink while traveling, as my rig does not have a separate "living quarters". The buzz isn't worth the (legal) headache.

Police in many states will assume you are in control of a vehicle (and thus guilty of DUI) when you have the keys in your possession and are located on a public right-of-way. Regarding keys...if they are in the vehicle, they are in your possession. Hiding them under your dirty laundry doesn't change that fact.

Conversely, open container laws in many states make it illegal to drink while outside of your vehicle in any public space. It's a friggin' mess of laws.
 
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