Can you legally drink alcohol as a passenger sitting in the THIRD row of seats?

Obviously I know that drinking sitting near the driver is illegal but, I have heard that it IS LEGAL for someone that's sitting in the third row (for example, in a chevy suburban since it has 3 rows of seats) to drink simply because they are separated by the second row of seats and can't reach the driver. Same goes for taxis since there is a divider separating the passenger and driver. Anyone else heard this?