Road beer or no? Trooper Steve explains open container law for RVs

Driver, front passenger cannot, according to Florida statute

A viewer wanted to know if they can have an alcoholic beverage open in an RV while the vehicle is in motion.

A lot of people were quick to answer this question for me before I could even provide the correct answer.

When reading Florida law, you must make sure to read a statute in its entirety before really knowing what’s going on. A lot of people like to read a title and then assume what the law is. I refer to these types as, “Google Attorneys.”

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Florida Statute 316.1936 addresses the possession of an open container of alcohol inside of a vehicle. In the beginning of this statute, it does talk about the dos and don’ts of an alcoholic container inside of the vehicle but you must scroll down to subsection five to find out who exactly it does not apply to.

Subsection 5C talks about an exception of a self-contained motorhome which is an excess of 21 feet in length. Meaning if your RV is 21 feet or longer you would be allowed to have an open container of alcohol within the confines of that vehicle. However, this does not apply to the driver or front right passenger.

This is the same rule that would apply for a vehicle for hire like a limousine or a party bus.

Side note: A bottle of wine that has been resealed properly is not considered an opened container under this provision and would be allowed in any vehicle.

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About the Author:

Steven Montiero, better known as “Trooper Steve," joined the News 6 morning team as its Traffic Safety Expert in October 2017. A Central Florida native and decorated combat veteran, Montiero comes to the station following an eight-year assignment with the Florida Highway Patrol.