Legal Question in DUI Law in Florida

My son is driving from Florida To Califorina with college friends, if they are not driving can they drink in a RV?


Asked on 12/26/13, 3:27 pm

2 Answers from Attorneys

Joseph Justice The Justice Law Firm

Motor homes are exempt from the Florida open container law. Meaning passengers can drink and have open containers in them. The driver may not. All DUI laws still apply to the driver.

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Answered on 12/26/13, 3:35 pm

F.S. 316.1936

(5) This section shall not apply to:

(a) A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commercial driver�s license with a passenger endorsement issued in accordance with the requirements of chapter 322;

(b) A passenger of a bus in which the driver holds a valid commercial driver�s license with a passenger endorsement issued in accordance with the requirements of chapter 322; or

(c) A passenger of a self-contained motor home which is in excess of 21 feet in length

However, this is only Florida law.

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Answered on 12/26/13, 3:35 pm


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