Drinking while driving?

Sm0kinup · 31-05-2007, 01:10 PM

Just wondering if there is a law or if its illegal to consume a roady while driving and/or drinking as a passenger is it allowed what implications are there and to clear things up I dont mean driving drunk, just after work on the way home or something?

**Mechan1k** · 31-05-2007, 01:11 PM

Yes it is illegal to have an "open" alcoholic drink while operating a motor vehicle ... in NSW anyway.

Also as a passenger as well.

merlin · 31-05-2007, 01:12 PM

I believe in NSW you cannot have an open container of alcohol in the car.

edit - beat me to it

Riksta · 31-05-2007, 01:12 PM

I wouldn't do it while driving, but have consumed as a passenger many times.

TS50 · 31-05-2007, 01:16 PM

Well thats the case in Tasmania too, no open alcohol in vehicle.
Mind you, see lots of people with roadies
Noticed the practice is rife in Far North Qld

Hunter · 31-05-2007, 01:17 PM

Quote:

Originally Posted by Mechan1k

Yes it is illegal to have an "open" alcoholic drink while operating a motor vehicle ... in NSW anyway.

Yeah that's pretty much it. Years ago you were legally able to drink and drive... just got exceed the legal limit :baby bott

.

Quote:

Also as a passenger as well.

That's why you tell the pax to hide it down beside the seat

. I once spilt two stubbies of beer in the back of my gemini way back when I had it. Lucky for me it dried up and didn't stink it out at all.

FASTXR · 31-05-2007, 01:27 PM

Just out of curiosity, any idea what the actual reason is behind the law (particularly if its a passenger drinking and not the driver)?

**Mechan1k** · 31-05-2007, 01:30 PM

I think it was due to the fact that your passengers don't get drunk can cause a muisance while the sover driver has to put up with them.

Mind you ... you can still get in the car as a passenger drunk though.

Although have heard of a sober drivers being done for not having control over all occupants in the vehicle as they were rolling drunk and being idiots while the vehicle is in motion.

Hunter · 31-05-2007, 01:31 PM

Quote:

Originally Posted by FASTXR

Just out of curiosity, any idea what the actual reason is behind the law (particularly if its a passenger drinking and not the driver)?

I can see a number of reasons why:

1) Distraction/lack of control over vehicle. I think technically speaking its even illegal to eat while driving, for the same reasons that mobile phones are banned - you haven't got both hands on the wheel and are trying to do something else at the same time. Now don't get me wrong, I can eat a mcmuffin, drink a coffee and steer the car with my knees but I don't make a habit of it and most people aren't coordinated enough to do it.

2) People get the passenger to 'hold their beer' so it doesn't look like they're drinking and driving - its basically to stop people from evading drink driving laws. by handing it over to a pax. If its full illegal to have open alcohol in the car, then there can be no debate over who said and did what.

3) In an accident, it would be a little difficult to tell if the driver had been drinking if there's open beer cans with remnants in them all over the shop. Having a law prohibiting open alcohol containers might make the forensic crash investigators job a little easier. A long shot but its something I'd consider.

honer · 31-05-2007, 01:33 PM

I've been stung with a heap of fines before for drinking as a passenger in a car. Its classified as street drinking here in WA.

Sm0kinup · 31-05-2007, 01:37 PM

Well that sucks a fat one!!!!!!!

gozza · 31-05-2007, 01:45 PM

i was pulled over and i had a passenger with an open beer....i thought it was the front seat that couldn't...whether that is the case or not the officer asked my mate to pour it out...no problems

Sm0kinup · 31-05-2007, 01:48 PM

I suppose you could always put the lid back on!!!

HLC · 31-05-2007, 01:51 PM

Quote:

Originally Posted by Mechan1k

I think it was due to the fact that your passengers don't get drunk can cause a muisance while the sover driver has to put up with them.

Mind you ... you can still get in the car as a passenger drunk though.

Although have heard of a sober drivers being done for not having control over all occupants in the vehicle as they were rolling drunk and being idiots while the vehicle is in motion.

i had a car full of drunk people once. in normally really good at deso driver, but i was turning a tightcorner, and one of the passengers screamed and i turned my head heaps quick to look thinking a car was about to hit us, there was no car, but i went straight up the gutter of the corner i was turning ******* one of my rims. i was ****ed (off)

Bud Bud · 31-05-2007, 01:51 PM

Funnily enough In S.A. it is not illegal for the driver or anyone else for that matter to have an open bottle of alcohol and consume it whilst at the wheel!

In S.A. it is an urban myth to believe this and I have heard others around me in the past actually say that this is illegal also because that is what they have heard as well.

We have a media Policeman by the name of Sgt Paul Friend who answers questions on the radio and I have heard him answer this question at least twice in the past 3 years. He said it is not illegal for anyone including the driver to consume alcohol while driving. It is an offence however for that driver to be over .05 period.

He did offer some good advice though. If he or any other Police saw anyone doing this, it would be on reasonable grounds for them to pull you over and breathe test you which could lead to licence and registration checks and vehicle road worthy checks as well as a possible D.U.I. charge if you were found to be over .05 as well.

Basically he said while it is not illegal, it is not smartest thing to do either as it is like waving a red flag at a bull!

FASTXR · 31-05-2007, 01:53 PM

Quote:

Originally Posted by Hunter

2) People get the passenger to 'hold their beer' so it doesn't look like they're drinking and driving - its basically to stop people from evading drink driving laws. by handing it over to a pax. If its full illegal to have open alcohol in the car, then there can be no debate over who said and did what.

3) In an accident, it would be a little difficult to tell if the driver had been drinking if there's open beer cans with remnants in them all over the shop. Having a law prohibiting open alcohol containers might make the forensic crash investigators job a little easier. A long shot but its something I'd consider.

Yeah but in both these cases you'd just breath-test the driver and there's your answer right there.
I can understand the driver not being able to drink, but banning passengers as well seems a little unusual.

LukeGT · 31-05-2007, 01:56 PM

...and I think your blood alcohol level is a lot higher whilst consuming alcohol, so if you got tested straight after drinking half a car you would be over and would have to wait half an hour down at the cop shop for the proper reading....

Mark351 · 31-05-2007, 01:57 PM

It's not illegal in Vic either, but as Bud Bud said, not a smart thing to do.

DOC · 31-05-2007, 02:00 PM

I support the

If you drink you don't drive or the
if you drive you don't drink theory.

mark180227 · 31-05-2007, 02:09 PM

Quote:

Originally Posted by DeathXR

It's not illegal in Vic either, but as Bud Bud said, not a smart thing to do.

i thought it was illegal is vic...i have had a couple of mates been pinged for it

Bud Bud · 31-05-2007, 02:11 PM

Quote:

Originally Posted by Hunter

I think technically speaking its even illegal to eat while driving.

Actually in S.A. it is not illegal to do this either. Sgt Paul Friend answered this about 6 months ago. This came up because somebody was trying to make the same reference of eating and drinking (non alcohol beverages) to the use of mobile phones while driving.

He said that the reason that the use of mobile phones while driving was illegal is that they can take you mind elsewhere, while drinking and eating while driving may be described by some as bit uncouth (not by me as I am guilty of this to), it is certainly not illegal here.

If the driver became erratic behind the wheel because he spilt his hot coffee down his lap, he would be charged with reckless driving, not for drinking coffee while driving.

Daniel · 31-05-2007, 02:21 PM

Ive been warned and told its illegal to have an open alcoholic drink as the passenger, wasnt 100% sure as you get mixed stories, but YES its illegal in vic.

||| · 31-05-2007, 03:16 PM

just keep your tinnie in the centre console lol

Riksta · 31-05-2007, 03:16 PM

Bud Bud, can you tell me when this officer is on the air, what station etc?

Sounds like an interesting listen.

Nickxb · 31-05-2007, 03:23 PM

I little bit off topic but i heard that if you have a few too many and decide to sleep in your car, you can still be done for DUI if you have the keys on you. Appartently becuase you have the means to drive the car, even if your asleep in the boot...... has anyone else heard of this or is it just an urban myth?

Bud Bud · 31-05-2007, 03:46 PM

Quote:

Originally Posted by Riksta

Bud Bud, can you tell me when this officer is on the air, what station etc?

Sounds like an interesting listen.

He is on 5AA (showing my age) in the afternoon with Amanda Blair. He has been on breakfast in the past (could still be), and I think that he may be (or has been) on one of the FM stations as well again I think. I sometimes catch him when I am out and about in the afternoons.

People ring up and ask all sorts of questions like red light camera ops or give way interpretations and make reference to real intersections etc. It can be quite interesting.

The only thing is you have to put up with Amanda Blair’s voice though.

TS50 · 31-05-2007, 04:26 PM

Quote:

Originally Posted by Nickxb

I little bit off topic but i heard that if you have a few too many and decide to sleep in your car, you can still be done for DUI if you have the keys on you. Appartently becuase you have the means to drive the car, even if your asleep in the boot...... has anyone else heard of this or is it just an urban myth?

I know someone that lost his license for eaxactally that, well he was behind the wheel, with keys in his pocket, just getting out of the rain while he waited for his ride home, he lost his license, with the keys, meant he was in control of the vehicle

kocho · 31-05-2007, 04:31 PM

Quote:

Originally Posted by LukeGT

, so if you got tested straight after drinking half a car you would be over

I tend to agree...

ThoR_ · 31-05-2007, 04:42 PM

Im pretty sure its legal in W.A to drink as a Passenger. My mates boss has been caught 3 times and is ban for the rest of his life from driving. Serves him right. I do think life is a bit harsh though. 5 years would be good that a damn long time and he has pletny of time to think about it

MITCHAY · 31-05-2007, 04:43 PM

I have always drank whilst I'm a passenger, never knowing it was illegal.

It's the best thing about not being DD

: