Drinking Alcohol In The Car

By Ronak Shah

Drinking Alcohol In The Car

Its common knowledge that driving while having a blood-alcohol level over 0.05% is illegal; the law is the same in every state. However, the laws for Drinking Alcohol In The Car can vary.

The NSW Road rules dictate that drivers are not allowed to drink alcohol while driving, under any circumstances. Although a passenger can drink alcohol while instructing a learner, provided they are under the legal limit of 0.05%. In Victoria, the Road Safety Act goes one step further and doesn’t allow drivers to drink at all, even in a stationary car.

In QLD, section 300A: Drinking liquor while driving (1), The following persons must not drink liquor:
(a) the driver of a vehicle while driving the vehicle;
(b) a supervisor of a learner while the learner is driving a motor vehicle under the direction of the supervisor.
The maximum penalty is 20 penalty units.
(2) In this section,

"learner" see the Act , section 79AA (4) .

"supervisor" , of a learner, means a person
(a) with whom a learner is authorized to drive under the person’s direction under the Transport Operations (Road Use Management Driver Licensing) Regulation 2021 ; or
(b) who purports to be a person mentioned in paragraph (a) .

While in SA, there isn’t a law that explicitly states a driver cannot drink in the car. It’s worth considering the risks involved though; there are laws that state a driver needs to have complete control of a vehicle at all times. If an incident does occur, the police will take into account whether the alcohol was a factor.

The ACT is similar to QLD and drivers cannot have open alcohol in the car. In Tasmania, the Road Safety Act dictates that it is an offence for there to be any alcohol being consumed in a vehicle, regardless of whether it’s the driver or passenger. Lastly, WA doesn’t have any specific laws that prevent people from drinking in the car. However, the driver still needs to be below the legal limit. Drivers with only their Ps or Ls can never have open alcohol in the vehicle regardless of the state, and their blood alcohol level has to be at 0 while driving.

Irrespective of the law, Drinking Alcohol In The Car and drinking while driving increases the possibility of an accident occurring. Even with a low amount of alcohol, the chance of a crash nearly doubles. Ask yourself, “Is it worth the risk of hurting myself and others?”

Drinking and driving while above the legal limit of 0.05% is illegal regardless of which state you are driving in. However specific states allow Drinking Alcohol In The Car as long as the driver remains below the legal limit. While this is technically legal, we would not condone drinking in a car at all, and encourage drivers to engage in low-risk driving behaviours at all times.

If there are drivers representing your company on the road, it makes sense to ensure that they are aware of all laws, whether directly related to driving, or behaviour while driving.

Corporate Driver Training Australia can help with high level training for all drivers.  Contact CDTA to discuss your company’s needs, and find out about our specialised driver training courses.

Back to Top