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Kai

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Is it legal to have open alcoholic drinks in your car while driving? Can you drink and drive at the same time?

I've been trying to find this out for the last couple days, and while I've found a metric load of stuff about DUI laws, I've found no references to open containers of alcohol in a moving vehicle. I assume that means it's not illegal, but I don't imagine mr. policeman would be too thrilled to see someone nursing a stubby while driving.

I know a couple of gents on this forum like to buy themselves a nice beer to drink on the way home from work, so I thought I would ask here... is it legal?
 

nonicman

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I had a close call today riding the pushie to work as some obese idiot was too busy fiddling with his fags to drive in a straight line.

I also recall a news story (late 80s or early 90s) where a bloke was sucking on a stubbie, crashed (rear ended someone?) and had the bottle forced into his head killing him. Please just wait till you get home (I realise Kai you're not advocating this practice just asking about the legality).

As for drivers using mobile phones.....
 

deadly

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I believe you can have an open alcoholic drink while driving,although it attracts alot of attention.You will more than likely get pulled over by the police and depending on the mood of the officer at the time can be more trouble than its worth
 

Guest Lurker

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I recall a case in WA a couple of years ago where a cop pulled a guy up cos he thought he had a phone in his hand, turned out the guy was eating a mars bar. The cop not being in a good frame of mind charged him with dangerous driving, for taking his hand off the wheel, despite the guy pointing out his wife had removed the wrapper and handed it to him. After it hit the front page of the paper the charge was quietly withdrawn.
 

captainbrewer

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As far as I know, in NSW it is illegal to consume alcohol while driving a vehicle, I will double check on this and report back with further details tomorrow.
 

Kai

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Thanks for that, Captain. I didn't look up NSW laws, but I spent a while looking up SA ones.

nonicman said:
I also recall a news story (late 80s or early 90s) where a bloke was sucking on a stubbie, crashed (rear ended someone?) and had the bottle forced into his head killing him. Please just wait till you get home (I realise Kai you're not advocating this practice just asking about the legality).

As for drivers using mobile phones.....
[post="67205"][/post]​
Guess I'd better not tell you how often I drive drinking a Farmer's Union Iced Coffee at the same time, then :eek:
 

Jazman

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I have heard that cop on 5aa a few times on that matter and you can have a beer while you drive as long as u under the limit but as prevoiusly quoted you could bring attention to yourself so make sure the coppers aint behind or near you when you have that roadie
 

tonydav

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Definately illegal in NSW. They changed the law about 12 months ago for this. I remember it pissing me off as I regularly had a light beer in the car after a hard day.

Seems a bit illogical to me. If you're under the limit it would seem to me no different than drinking a coke which isn't illegal.

tony
 

shmick

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tonydav said:
Definately illegal in NSW. They changed the law about 12 months ago for this. I remember it pissing me off as I regularly had a light beer in the car after a hard day.

Seems a bit illogical to me. If you're under the limit it would seem to me no different than drinking a coke which isn't illegal.

tony
[post="67242"][/post]​
I was told by a NSW highway patrol cop that they can/will pull over a vehicle if they see anybody, including passangers consuming alcohol. :blink:
A good mate was pulled over on the F3 freeway near Hawksbury River while drinking a roadie and was given the choice of submitting to a test immediately and running a good risk of being over (as it was still fresh on his breath) or sitting on the roadside for the required 1/2 hour then getting tested.
He opted for the second choice as he figured it would be quicker than being arrested, taken back to the cop shop for another test, then being allowed to leave because he was actually under the limit. Didn't wan't to leave his tools in the back of his van either considering you've got buckley's chance of them driving you back to your vehicle.
I reckon the new law must have dented the Fri arvo trade at the Berowra Cellars take away. :( Stopped there many a time while I was commuting. :chug:
 

Murray

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Just get a stubby-sized travelling coffee cup.
 

Jethro

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In Western Australia it is illegal to drink in unlicenced public places which includes public roads. Unlawful drinking in public can be a lock up job and a court hearing if the Police are pricks. Ive been caught with a roady walkin back from the pub and just ordered to poor it out :( Cheers Jethro
 

Gout

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I was told buy a cop, that if they want to be a real PITA its illegal to eat or drink while driving, eg hands on the wheel. however they dont like to fine you, but if you pushed their buttons he said legally they can.

He also said and I was pulled up once with a drinking passenger. So I would say if the driver was drinking then yeah, they might be able to nab you (this was in Victoria, other states might be different, and this may have changed now (was 2 yrs ago)), I cant see the law becoming more lenient however


best bet I think is call the cops and ask...
 

Jino

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I'm pretty sure what TonyDav said is true well for (NSW anyway). I remember hearing it on the radio that they have changed the law so you can no longer have a beer whilest driving and being pissed off because I always thought it was illegal and thought of all the times on a friday arvo on the way home from work killing myself for a beer with them sitting next to me!
 

captain_booze

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got an inteteresting story on this matter.

was a passenger in a car and my mate who was driving was also drinking a beer (his first of the night)

we were pulled up and he was breath tested and was 0.06, the cop then noticed the open beer in the console and let us go, and explained that cause he'd just had a beer the reading would be higher then this actual BAC.
thought this was quite strange.
this was in victoria.
 

Murray

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captain_booze said:
got an inteteresting story on this matter.

was a passenger in a car and my mate who was driving was also drinking a beer (his first of the night)

we were pulled up and he was breath tested and was 0.06, the cop then noticed the open beer in the console and let us go, and explained that cause he'd just had a beer the reading would be higher then this actual BAC.
thought this was quite strange.
this was in victoria.
[post="67404"][/post]​

Yeah, apparently that is the case, though they still might be a PITA and drag you in for a blood test.
 

Trent

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Yeah, its now illegal in NSW. I am pretty sure when they did it last year, the news was saying that it has never been legal, but never been illegal either, just kinda a loophole. I used to enjoy a stubby on friday arvo, but never really had far to go, so I cant say if it would be a possibility of making ya drowsy at the wheel? I cant believe in other states ya can get done for having a passenger drinking, sounds like the US. I vote for Murrays idea of a stubby sized coffee cup, thats the way to go. As long as it doesnt interfere with yer driving...
All the best
Trent
 

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