Illegal for passenger to be drinking alcohol in car?

Pancakefarmer

I am assuming that you in the UK!

It is not illegal for passengers to drink alcohol in the car. I don't believe that it is illegal for the driver to drink either. However, as you say they will need to stay beneath the drink drive limit. Drinking while you are driving will distract you as a driver, as will eating, putting make-up, shaving, doing your hair etc, and as such could be considered by the Police as driving without due care and attention.

Also, the driver will need to ensure that drinking passenger does not become so drunk that they are out of control and therefore put the driver at danger.

raprunr

Yes...open container laws.

rami #1

I'm assuming the open container law is an American one-

As far as I am aware, a passenger can be drinking/drunk as long as they are not causing the driver to be distracted. The driver is allowed to have had a drink, as long as they are under the legal limit, though he is not allowed to actually drink whilst driving- there was a case where a woman was stopped and fined for drinking from a bottle of water whilst driving- it came under the driving without due care and attention rule-

My advice, don't drive if you've had ant alcohol as we all react differently to it and what would be under the limit for one person may well put another over the limit.

Claire

As your question is posted on the UK site, I'm guessing you're asking about UK laws...

We do not have open container laws in the UK so it is ok for passengers to drink alcohol whilst in the car.

A driver can drink, whilst ensuring they stay below the legal limits, BUT they must be aware that it is possible to be charged with driving without due care and attention if caught drinking anything, even water, and this is proved to have taken your attention away from driving.

velcropap

yes it's illegal to have an open container in car.
you can do anything you want as long as you don't get caught.

MyCatty

I would say the passenger could drink but not sure about the driver, would think if they were stopped by the police if they couldn't get the driver for drink driving they sure as hell would try to get them under something else - ie bald tyres etc.

hotwheels122287

there is such thing as an "open container law" meaning that no alcoholic beverage may be open inside a vehicle no matter if the driver is not or has not been drinking.

el barÃ³n

****! I hope not!

LearningLaw

Drinkng Alcohol for Passengers are not illegal, unless the drink is classed as an illegal prescribed drink or substance. Certain Countries have guidelines within limit. If you get caught while drink driving then you will see yourself laughing..

Dr.Howaboutno

you cant drink and drive at the same time. people get pulled for drinking water whilst theyre driving as its deemed to be careless driving. If a passenger drinks beer its not illegal but youre most likely gonna get pulled cos obviously you might be driving drunk. If you say youve had a drink in the last 20 minutes they cant breathalyse you cos it wouldnt be an accurate reading which means there would be more tests to go through such as field impairment and if they want take you down the station.

lawlover24

It is only illegal, if the police makes a stop for whatever the reason might be, like a traffic stop for speeding. Then, you would be charged with open container, or else it is not considered illegal.

mikexsouth

no. Although police might suspect that the nondrinking passenger has sneakily hopped into the driving seat of the drunk driver, even if they cant drive, just to save the driver a fine.

Ah!! i might be proven wrong!! sorry if i am =]

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