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There’s a big difference between drinking water while driving and having a beer behind the wheel. Here’s what you need to know.
We all know driving while over the limit is illegal, but what about drinking while you’re driving?
Unsurprisingly, the rules and penalties for drinking while driving depend greatly on whether you’re consuming a Boost juice or a beer.
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While drinking a non-alcoholic beverage while driving is not expressly illegal in Australia, drinking alcohol while driving is a different story.
Is it illegal to drink alcohol while driving?
It is illegal to drive while drinking an alcoholic beverage in every Australian state. This applies whether or not you are under the legal limit.
“It is illegal to drive while drinking an alcoholic beverage, which attracts a $431 fine,” a spokesperson for Queensland‘s Transport and Main Roads department told Drive.
“Also, if the driver is over their relevant blood alcohol concentration level (0.00 or 0.05), they can face licence disqualification, heavy fines and other sanctions such as alcohol ignition interlocks and mandatory education programs.”
Similarly, New South Wales Road Rule 298-1 states that drinking alcohol while driving is illegal, regardless of whether the driver’s blood alcohol concentration (BAC) is below the legal limit when they are stopped by the NSW Police.
The associated penalty in NSW is a $362 fine and three demerit points.
The same law applies in Victoria, Tasmania, Western Australia, the Northern Territory, the Australian Capital Territory and South Australia – but penalties vary according to location and offence.
Is it illegal to drink a non-alcoholic beverage while driving?
As for consuming a non-alcoholic beverage while you’re behind the wheel, this could result in a penalty if it prevents you from maintaining proper control of your vehicle.
For example, in Victoria drivers can face a penalty of $444 and three demerit points if they’re charged with careless driving in the event of an accident.
While no Australian state has a law specifically prohibiting drinking while driving, all states have laws about maintaining proper control of your vehicle.
To be safe, keep both hands on the wheel while driving and take a break to eat or drink to ensure you’re not distracted.
This article is a general guide and should not be used as legal advice.
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