In California, while driving on the highway in an RV, is it legal for passengers to consume alcohol?

Update:

I just did some further searching and found the following in the California vehicle code stating that one exception to the law includes the "living quarters of a housecar or camper". This leads me to believe that YES, passengers in a RV can consume alcohol, just like passengers in a limo, bus or taxicab.

"Possession of Alcoholic Beverages: Exceptions

23229. (a) Except as provided in Section 23229.1, Sections 23221 and 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or the living quarters of a housecar or camper."

http://www.dmv.ca.gov/pubs/vctop/d11/vc23229.htm

7 Answers

Relevance
  • John S
    Lv 7
    1 decade ago
    Best Answer

    As far as I can tell you are correct. An RV would appear to be a housecar as defined in VC 362. So long as the passengers stay in the living quarters area, drinking appears to be lawful under VC 23229.

    Source(s): 30+ years as a criminal defense attorney
  • 1 decade ago

    No, because there have been far too many incidents where the people consuming the alcohol start getting drunk and loud, it becomes easy for the driver to be distracted. In other cases, the driver of the RV would himself be drinking and if a cop would pull the RV over, the driver could have someone else take the beverage away to make it look like he wasn't drinking. These are but a few of the reasons why they made open intoxicants illegal on California highways.

  • 1 decade ago

    Not legal:

    California Vehicle Code:

    23223.

    (b) No passenger shall have in his or her possession, while in a

    motor vehicle upon a highway or on lands, as described in subdivision

    (b) of Section 23220, any bottle, can, or other receptacle

    containing any alcoholic beverage that has been opened or a seal

    broken, or the contents of which have been partially removed.

  • 5 years ago

    If you don't know the correct answer then don't answer, YES YOU CAN drink in the back of the RV just not up in the cab, just like in a Limo, A rv is considered a home and special rules apply, it is your domain.

    • scott4 years agoReport

      Best answer by far!!!!! Anyone who says it's Illegal needs to shut up and if your going to do it make sure you know where you may have am open container.
      PS. if your going to do something that could possibly be illegal DON'T GO ON YAHOO ANSWERS OR ANY OTHER FORUM FOR THE ANSWER!!!

  • How do you think about the answers? You can sign in to vote the answer.
  • 1 decade ago

    Yes. But all containers must be out of the reach of the operator or anyone in the operator's compartment/section. The operator must not have any alcohol in his bloodstream.

  • Anonymous
    1 decade ago

    No, it's a violation of California's open container law.

  • 1 decade ago

    No. Open container is open container in any situation while driving. All can get ticketed or go to jail for it.

Still have questions? Get your answers by asking now.