Anyone who has ever played the role of designated driver will know the feeling – you’re taking a friend somewhere because they’re not up for it, but they insist on bringing a drink while driving.
- In some states, it is completely normal to drink while someone else is driving
- Other states take this issue very seriously – alcohol is not allowed in the car at all
- Yes, that means “trading” after work hours is permissible… depending on where you live
Is it illegal for passengers to sit in the car while drinking alcohol? And can you get in trouble for it, as a driver? It depends on where you live and where you are in the car, because that may be okay in some situations and locations, while in other jurisdictions the penalties can be very harsh.
For example, in VictoriaThe law stipulates that “you must not drink alcohol, even when the blood alcohol concentration is lower than the allowable limit, while driving a motor vehicle or sitting next to someone who is learning to drive.”
IN Victoria: “Passengers are not prohibited from drinking alcohol on the bus. However, passengers should not drink alcohol because drunk passengers can distract the driver.”
IN New South Wales There is no law stating that passengers cannot drink alcohol in a car and there are no clear regulations for drivers when carrying passengers who have been drinking, are drunk or are still drinking.
A NSW Courts website states that the law on alcohol in cars “only addresses the driver, so there are currently no restrictions on passengers drinking alcohol while in the car”.
If you plan to use public transport (train, bus, ferry or even taxi) you are not allowed to drink alcohol while driving – and you are not allowed to carry an open container of alcohol . You should follow that rule – you could be fined up to $1100.
South Australia There is no specific note in state law regarding passengers drinking alcohol in cars.
IN QueenslandPolice Media has stated on public websites that drivers can “be fined if they drink while driving and passengers can also be fined if they drink in the car as it is considered a public place”.
IN western Australia, passengers and drivers can be fined up to $2000 for drinking alcohol. This applies to vehicles, including party buses!
WA Police posted one such warning on Facebook in 2021: “Don’t make your party bus trip more expensive than planned. You cannot drink alcohol in any vehicle on the road, unless licensed or exempted. If you do so, both you and the driver could be fined $2000.”
The Northern Territory There appears to be no specific rules about drinking alcohol in a car as a passenger, but it does suggest that, if you plan to drink, “you should plan how to get home, spend the night or Arrange a glass of Sober Bob.” If you’ve never heard of Sober Bob, you may have heard of the designated driver (the dizzy driver) or Sober Sally – the person ready to get you home safely.
Both WA and NT have regulations about where alcohol can be consumed and where alcohol can be transported to. There are many “dry communities” in remote areas that are alcohol-free zones – including alcohol that you can carry in your car or caravan and can attract heavy fines.
Tasmania and ACT There are also laws about alcohol in cars – the driver or passengers are not allowed to drink alcohol and you are not allowed to open alcohol containers (so, no longnecks or tins in cupholders) in the car .
Not intended as legal advice. Check with the relevant roads authority in your state or territory.
