Will this get me thrown in jail?

DSDP Don wrote:
"shakyjay"......"nguyenbio" is correct. The mistake that is often made on this forum and others, is that people read/post excerpts from state laws, but don't realize most of those laws use "Case Law" to interpret things that are being argued here. In the State of California, a monthly publication is available to law enforcement that interprets laws and how they change when new cases arise. It's kind of like using the internet. You can look up what determines an open container in various types of vehicles. It will give you the latest interpretation by a State court.

This is simply a common sense issue. If you're driving and someone is in close proximity to you, like someone on a sofa, directly behind you and is drinking, you could theoretically be charged with open container. The woman who says she is sipping wine while her husband is driving. I would cite her.

Again, common sense.....the law is designed to prohibit someone from actively drinking in a vehicle while another person is driving. The concern is you're drinking/sharing that beverage.

Yes and they cite specific cases. What specific case states that if there is an open container in the living quarters there must be a partition between the driver and the living quarters of a motorhome or as California refers to it a housecar? I'm not saying it doesn't exist. I have done some research and not found any. If there is case law then please provide the case reference.