is drink driving illegal?

Rich1988 · 9 Jun 2011 at 22:15

As title, is it illegal to drink booze whilst your driving, I cant remember if I asked this in the past but it came up today and I think the only thing they could get you for is if you were distracted by the process of drinking it?

as long as your not over the limit fine surely?

23JMZ07 · 9 Jun 2011 at 22:16

I think its illegal technically to drink anything whilst driving? Same goes for eating?

ShiWarrior · 9 Jun 2011 at 22:19

it is illegal to drink or eat or use phones at the wheel with the engine running

you are allowed to consume alcohol as long as your not over the legal limit of course (and not drinving at the same time!)

Sho · 9 Jun 2011 at 22:20

DVLA website?

d_brennen · 9 Jun 2011 at 22:20

While driving drink a bottle of Stella, smoke a fag and chat on the phone for ultimate effect

I believe anything which can be seen as distracting is technically driving without due care and attention (nice and vague that). A mate of mine took a really mind boggling photo of a guy sat at lights with a can of larger between is legs, this at 6am ish in Enfield

stoofa · 9 Jun 2011 at 22:24

Illegal - no.
In the same way that it is not illegal to smoke a cigarette whilst driving.
If however you are deemed to not be in proper control of your vehicle then of course you can be pulled.

To the alcohol question specifically.
No, it is not illegal to drink alcohol as you drive.
It only becomes an offence if, as above, you are seen to not be in control of the vehicle or you consume enough whilst driving to put you over the perscribed limit.

So having a single small can of lager opened in the car, safely held in one of the cup holders and you taking the occasional swig from it whilst driving would not be illegal.

Rich1988 · 9 Jun 2011 at 22:33

thats the answer I like best, cheers

Ahleckz · 9 Jun 2011 at 22:51

A car could be considered a public pace, and thus drinking in it could breach local by-laws such as no drinking in public.

Pinkribbonscars · 9 Jun 2011 at 22:54

Why on earth would you do it though?

Skilid · 9 Jun 2011 at 23:02

I drink a McDonalds milkshake whilst I drive. Not when i'm navigating corners or changing gear though. Does this make me illegal and dangerous to children?

Hxc · 9 Jun 2011 at 23:05

While it's probably not technically illegal, the police would throw the book at you for it, and rightly so, imo.

[TR]SweetSpotOz · 9 Jun 2011 at 23:22

Rich_L · 9 Jun 2011 at 23:48

Yep there's no open container law like over here in the UK as far as I know. You'd be an idiot to complain when you inevitably get stopped for a DUI test though.

An awesome law I found out in my US driving test is that it's illegal in CA to smoke in your car with a minor present - $100 fine :cool:

fewfe3 · 9 Jun 2011 at 23:53

it would be as illegal as drinking anything else while driving, as long as you are not over the limit. dont know why you would want to though.

Semple · 9 Jun 2011 at 23:53

I guess if you got pulled and a copper saw an open can of lager they'd test you.

Skilid · 9 Jun 2011 at 23:55

Hxc said:
While it's probably not technically illegal, the police would throw the book at you for it, and rightly so, imo.

markyp23 said:
Concur. I'd say driving without due care and attention at a minimum.

If this was in response to me; If I'm going in. Straight line, eyes on the road and on my mirrors, I'd only be driving one handed most of the time anyway, so what difference does it make?

alexisonfire · 9 Jun 2011 at 23:58

EliotG said:
If this was in response to me; If I'm going in. Straight line, eyes on the road and on my mirrors, I'd only be driving one handed most of the time anyway, so what difference does it make?

You're other hand would be free, and not holding a can of drink?

Antipasti · 9 Jun 2011 at 23:58

Rich_L said:
Yep there's no open container law like over here in the UK as far as I know. You'd be an idiot to complain when you inevitably get stopped for a DUI test though.

An awesome law I found out in my US driving test is that it's illegal in CA to smoke in your car with a minor present - $100 fine

That's a good law, it really winds me up when I see parents smoking with their kids in the car. Can't you wait until you get out the car?

Semple · 9 Jun 2011 at 23:59

EliotG said:
If this was in response to me; If I'm going in. Straight line, eyes on the road and on my mirrors, I'd only be driving one handed most of the time anyway, so what difference does it make?

It's a common sense approach though. I'm sure if you could take a swig of your drink whilst having eyes on the road and a hand on the steering wheel the police would turn a blind eye.

However if you were driving down a road and trying to reach into the back having no hands on the wheel and no eyes on the road. Then it's pretty obvious you'd get pulled.

Skilid · 10 Jun 2011 at 00:36

alexisonfire said:
You're other hand would be free, and not holding a can of drink?

Not holding it the whole time though am I? I hold it for about 5 seconds, then it's back in the holder.

reevsy said:
That's a good law, it really winds me up when I see parents smoking with their kids in the car. Can't you wait until you get out the car?

I hate parents smoking around their kids full stop.

Semple said:
It's a common sense approach though. I'm sure if you could take a swig of your drink whilst having eyes on the road and a hand on the steering wheel the police would turn a blind eye.

However if you were driving down a road and trying to reach into the back having no hands on the wheel and no eyes on the road. Then it's pretty obvious you'd get pulled.

Exactly. If I was rummaging around in the glove box for something or playing with my sat nav then sure, due care and attention, but a 5 second swig of a drink? If you're not using the hand for anything else (ie changing gear) then why not?