Is it legal for passengers to drink alcohol in a moving motorhome? -MotorBiscuit

When you go on the road with your family or friends in your VR, it is natural that your passengers want to be occupied. Some of them may want to play games or sleep, while others may want to relax with a nice cold beer or a glass of wine. But is it legal? Are RV passengers allowed to drink alcohol in a VR?

Can your passengers drink while traveling in a motorhome?

RV parked in the desert | Mel Melcon / Los Angeles Times via Getty Images

Considering that it is illegal to have an open container in a car in most states, you would think it is completely illegal in the case of an RV. However, Drive and vibrate reports that the definitive answer is a “maybe”. This is because it really depends on which state you are in, as the 50 states have different laws regarding the matter. That being said, there are certain factors that go into determining whether a passenger in a moving recreational vehicle can legally drink alcohol.

Either way, always keep in mind that it is completely illegal for an RV driver to consume alcohol while driving.

The location of the passenger in the RV is important

Music fans play drinking games in the RV park during the 2016 Stagecoach California Country Music Festival at the Empire Polo Club.

Music fans play drinking games in the RV park during the 2016 Stagecoach California Country Music Festival at the Empire Polo Club. | (Matt Cowan / Getty Images for Stagecoach)

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While it is clear that the driver should never drink while driving, the passenger who drinks while driving is another story. According to America cruise, it really depends on where the passenger (s) are in the RV while it is moving. Obviously, if the passenger is near the driver – and alcohol is readily available – then the answer is “no”.

Overall, there are currently 40 states (and Washington DC) that do not allow the consumption and / or possession of alcohol in a moving vehicle. However, in states like Texas, a passenger is allowed to be in the back of the motorhome and have an open container. But in Wisconsin, that same passenger is not allowed to drink whether or not they are in the front or back of the motorhome.

Another factor in some states is the RV length as you drive. Drive and vibrate reports that the “magic number appears to be 21 feet”. For example, states like Louisiana and Florida allow passengers to drink alcohol if the motorhome is at least 21 feet long. However, other states do not have laws regarding the length of the motorhome.

But if your passengers really want to have a drink while you are trucking on the road, then that would help if you are driving through the Mississippi. This state has no laws regarding the possession of an open container, nor do the six states that do not prohibit the passenger from drinking – these states include Connecticut, Delaware, Missouri, Rhode Island, Tennessee and Virginia.

What’s the final verdict?

During a police check on motorhomes and caravans, a motorhome is checked by the police

During a police check on motorhomes and caravans, a motorhome is checked by the police. | (Patrick Pleul / photo alliance via Getty Images)

As we can see, the final verdict on whether or not passengers can drink in a moving motorhome is a big ‘maybe’. There are different laws in different states and sometimes it depends on the length of your RV. Ultimately, it’s really up to you and your passengers to decide if it’s safe to drink while driving an RV. However, as always, it’s usually best to be on the safer side of the law if you’re not entirely sure.

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