Is it illegal to drink alcohol whilst driving even if you are under the legal limit?

frankturk50

No it isnt .It is only an offence to drive whilst the amount of alcohol in your blood is above the precribed limit in the UK.

magikmike96

That's violation of open container law, yes it's a crime.

Greg K

Drinking one beer whilst driving I doubt would put you over the limit and so you would not get done for drink driving.
However, you are definately going to get pulled over and in order to conduct a breath test on you Police must wait at least 20 minutes so there's at least 20 mins of your day wasted. They'd then do the breath test and although I say I doubt you'd be over the limit there still is a chance so then you could get nicked.
If you're under the limit I think the very least is you'll be getting a ticket for not being in full control of vehicle which is now Â£60 and 3 points. Plus they'd go over your car verty carefully looking for worn tyres etc
I reckon all this would take the best part of an hour so the advice is don't bother. What's the point? The risk of all that hassle for one beer. If it's just to wind up the Police then that won't work as it's your time and money that will end up being wasted.

Invulnerable Hamster

why would you wanna drink it while driving even you put yourself at risk of causing traffic accident????

sbcalif

It might vary in different states. In California I know that we have open container laws. This means that if you have an open alcoholic beverage in your car, you are breaking the law.

Filthy Lucre

that's NOT drinking & driving...it's driving and drinking, and it violates law in many places - most places probably.

jt_the_american

Disclaimer: I am not a lawyer (just a law student). If you need legal advice, you should consult a competent lawyer in your jurisdiction.

"As of November, 2007, only one state (Mississippi) allows drivers to consume alcohol while driving (as long as the driver stays below the 0.08% blood alcohol content limit for drunk driving), and only seven states (Arkansas, Connecticut, Delaware, Mississippi, Missouri, Virginia, and West Virginia) allow passengers to consume alcohol while the vehicle is in motion. Still, local laws in these states may limit open containers in vehicles"

I assume that this means that all other states prohibit drinking while driving.

I hope this helps!

Disclaimer: I am not a lawyer (just a law student). If you need legal advice, you should consult a competent lawyer in your jurisdiction.

Lawyer

It's not DWI, it's a violation of the Open Container law. It's not as bad. However, it really pisses off the cops and they might fudge your test results a little or lie about your "condition" to charge you with DWI anyways. Not all DWIs are based on breathalyzers.

Albanian

It's illegal to have an open container of alcohol in your car while driving, but it is not illegal to drive after consuming alcohol, as long as you are under the legal limit.

eric_n_dena

Even if you are under the legal limit you will still get a ticket for open container and possibly go to jail for DUI instead of DWI.

Glinda W

If you kill a member of my family while still being just under the legal limit, I will till be just as pissed and demand you be prosecuted.

mavusani

depending where you are, l should think that if you are on a private road like your farm well it might be legal but but doubt on a public road cause there is no justification that you are under the limit. why should you do that anywhere? leave the car at home and drink and enjoy without looking over your shoulder

Phil Anders

it's considered almost as bad as drunk driving.

PrinceGaz

Using a handheld mobile-phone whilst driving is not allowed in the UK. That would imply that holding any object in your hand when you are supposed to be concentrating on driving will be treated similarly (you should almost always have two hands on the wheel except when changing gear).

Therefore, quite literally drinking and driving, even if it was a can of cola, would most likely result in your being pulled over if seen doing it in the UK. You might be let off with a warning however if you were nice and polite and apologised and promised never to do it again. It all really comes down to the judgement of the police officers who stop you, which is fair enough as most people won't do it again if they are stopped by the police and warned about it.

If you were drinking a can of beer and were pulled over, I'm sure you would be charged for careless driving even if previously totally sober, to discourage any sort of alcohol consumption before (or when) driving. I'm 99% certain there is no seperate law covering drinking whilst driving in the UK, but the police will come down much harder on you under the existing laws if they stopped you and found you had been drinking alcohol in the car while driving.

robert c

Yes it is!!

Trouble

Is it ILLEGAL.... You BETCHA!
Over or Under the Limit, it's not only Illegal but, it's ALSO Illegal to Drive with an Open Alcohol container in the Car...Bottle, Can or Plastic....EVEN if it's in the Back Set. As long as the bottles seal is Broken it's considered Open.
The only way you can Transport 'open ' Alcohol is in your TRUNK!

a.sazzi

it is illegal to drink and drive

however, if u are under the limit, it basically means u have a good chance of not being involved in an accident

it's so police don't have to say "no" basically

cause when people are told they can't do something, guess what? THEY DO IT!

Angel Face!

Yes dont drink and drive as you you may well spill it. Hahahahhahah.

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