Open alcohol laws and dealings

[mikEXpat]

If I live in my vehicle, should I still be considered for the open container law?

I'm sure this has already been talked about. Please post a link to it. But what I'm asking is whether a bottle in the front seat or a bottle in the back cabinet constitutes "open bottle"?

 

[WheelEstate USA]

Mike, I've never really checked that out, but I stow the booze inside the back doors, under the bed, and behind some other stuff. 
Still got a couple bottles under there I took to RTR and never opened.
Don't drink much anymore but keep beer in the fridge...drink 2 daily per my Dr. ( I like my doc  )

 

[BradKW]

It's definitely something to be aware of...last year a couple friends got arrested for open container in a vehicle. They were in a conversion van, sleeping, after a night on Duval St., their last drinks in cup holders before passing out. Cops woke them up for sleeping in a vehicle, then charged them with the open containers.

No doubt much depends on local codes and enforcement, but certainly be aware of it...

 

[VanGuy6678]

It's definitely something to be aware of...last year a couple friends got arrested for open container in a vehicle. They were in a conversion van, sleeping, after a night on Duval St., their last drinks in cup holders before passing out. Cops woke them up for sleeping in a vehicle, then charged them with the open containers.

No doubt much depends on local codes and enforcement, but certainly be aware of it...

To me, the key is: where we're the open containers? My guess is right up front in the cab where the cop could see them. And more importantly, where driving happens.

Also, this is yet another reason I like beer koozies - They hide the contents

 

[ArtW]

In Texas an open container anywhere in the vehicle will get you cited....unless it's a commercial vehicle for hire (Taxi, Limo)of course, if the container isn't out in plain sit, and you didn't give permission to search the vehicle, you'd have a clear case of violation of your constitutional rights
Never give permission to search
Be nice, be polite, but never give permission

 

[ZoNiE]

In AZ, "Supposedly" RV's and Busses are exempt from this if the container is behind the drivers seat. They allow drinking on buses and in limos... Might have something to do with the partition. If you are alone, the get outta jail card is no key in the ignition. Have not tested this.

 

[TrainChaser]

Brad KW: "... last year a couple friends got arrested for open container in a vehicle. They were in a conversion van, sleeping, after a night on Duval St., their last drinks in cup holders before passing out."

When people are drinking until they pass out, they may have been causing problems with being loud, staggering around on private or business properties, vomiting, etc.

If your object is stealth camping and you're getting drunk, that's not very 'stealth', is it? Stupid, yes.

If you don't want to be rousted, DON'T BEG FOR TROUBLE! You would think that would be a concept that is simple enough to understand, but a lot of people seem to have trouble with it.

 

[ccbreder]

interesting about Texas. I lived on/around Flower Bluff way back mid 70's. While I was there, the law was changed that had permitted beer drinking while driving, to prohibiting the same. Beer-marts sold plastic wraps that covered around a beer can to be a perfect Coca-Cola can. At that time the drinking age was 18, so the beer could have been non-alcohol. I and posse drank Bourbon.

 

[Every Road Leads Home]

Makes me glad I stopped drinking about 6 years ago. Was never much of a drinker anyways. Once i got my CDL i figured it wasn't worth the risk, one beer would pretty much put you over the limit they allow with a CDL. Don't even make a living with it, but like having it as an option if ever needed.

 

[mikEXpat]

Based on the response to this thread, I'm guessing alcohol isn't in the budget for most vandwellers. I'm hoping it won't be in mine either.

 

[TMG51]

Based on the response to this thread, I'm guessing alcohol isn't in the budget for most vandwellers. I'm hoping it won't be in mine either.

I wouldn't say that. I enjoy plenty of beer on the road. But alcohol laws are different in different areas, as is how each officer may choose to enforce them. Leaving the key out of the ignition isn't any guarantee; in some places, you can be charged with a DUI while outside the vehicle with the keys in your hand. On the other hand, I once had a cop knock on my van while watching me mid-swig of a beer and he just told me to put it away before driving.

So it's hard to contribute to this thread, except to say use common sense. Drink in the "back" with a partition, and be sure you're parked somewhere you won't have to move until you're sober.

 

[Matlock]

interesting about Texas. I lived on/around Flower Bluff way back mid 70's. While I was there, the law was changed that had permitted beer drinking while driving, to prohibiting the same. Beer-marts sold plastic wraps that covered around a beer can to be a perfect Coca-Cola can. At that time the drinking age was 18, so the beer could have been non-alcohol. I and posse drank Bourbon.

Around Houston today, almost every gas station has a huge open top cooler filled with ice and single cans of beer. They have a rack of koozies next the the cooler for a quarter each. On Friday there's a line of folks cashing their check and buying a beer for the drive home.

To the OP, every jurisdiction has their own version of what's legal regarding open container. Once while golfing at a course that had the front and back nines divided by a secondary gravel road, two in our group was stopped and fined for open container in their golf cart because they crossed a "vehicle" road. Lucky they didn't get into an argument, they could have been charged with OVI. Cause they were.

 

[Gunny]

I watched a Youtube video of two guys being stopped by Sheriffs Deputies in Tn. who were insisting the guy let them search the vehicle and that the passenger quit filming them. They eventually arrested them for open containers that were in the living area, they found no drugs or money, which is what they were looking for.

In a follow up video the charges were dropped and there was a financial award to the two guys. I carry one six pack of the beer I enjoy and one bottle of excellent Scotch. I guess you take your chances depending on the mood of the LEO.

It's not something to worry about IMHO.