Anyone who’s played the role of a designated driver knows the feeling – you’re driving a friend somewhere because they’re not in the right condition, but they insist on bringing a drink with them while driving.
- In some states, it’s perfectly normal to drink alcohol while someone else is driving.
- Other states take it seriously – don’t allow alcohol in cars at all
- Yes, that means after-hours “tradie roadies” may be allowed…depending on where you live
Is it illegal for passengers to sit in your car while drinking? And you could get in trouble for it, as a driver? It depends on where you live and where you’re in the car, because that may be okay in some situations and locations, while in other jurisdictions the penalties can be severe.
For example, in VictoriaThe law states that “you must not drink alcohol, even if your blood alcohol level is below the legal limit while operating a motor vehicle or sitting next to someone who is learning to drive”.
IN Victoria: “It is not forbidden for passengers to drink alcohol in the car. However, we advise passengers not to drink alcohol, as drunken passengers can distract the driver.”
IN New South Wales There is no law that says that passengers cannot drink alcohol while in a car, and there are no clear rules for drivers when carrying passengers who have been drinking, intoxicated or still drinking. alcohol.
A NSW Courts website states that the alcohol in-car law “only deals with the driver, so there are currently no restrictions on passenger drinking while in the car”. However, if you plan to use public transport (train, bus, ferry or even taxi), you are not allowed to drink while riding – and you are not allowed to own a container Wine opened. You should stick to that rule – you could be fined up to $1100.
South Australia There is no specific note in the state legislature about passengers drinking in cars.
IN QueenslandPolice Media has stated on public websites that motorists could “be penalized for drinking while driving, and passengers could also be fined for drinking in the vehicle as it is considered a public place”.
IN Western Australia, passengers and drivers can be fined up to $2000 for drinking. This applies to vehicles, including party buses! WA Police posted one such warning on Facebook in 2021: “Don’t make your ride on a party bus more expensive than you intended. You cannot drink alcohol while sitting in any vehicle on the road, unless licensed or exempted. If you do, both you and the driver could be fined $2000.”
Northern Territory There doesn’t seem to be any specific rule about drinking in a car as a passenger, but it does suggest that, if you’re going to drink, “you should plan how you’re going to get home, stay overnight or arrange a Sober Bob”. If you’ve never heard of a sober Bob, you may have heard of a designated driver (dezzy driver) or Sober Sally who is ready to get you home safely.
Both WA and NT have regulations on where alcohol is allowed and where alcohol can also be shipped. There are many “dry communities” in remote areas where alcohol is prohibited – and that includes alcohol that you can carry in your car or caravan and which can impose heavy penalties .
Tasmania and the ACT There are also laws on alcohol in cars – drivers or passengers are not allowed to drink alcohol and you are not allowed to have open liquor containers (so no long-necked drinks or tins in the cup holder). ) in the car. .
Not intended as legal advice. Check with the relevant road authority in your state or territory.
