Can a passenger drink alcohol in a car qld?

Ansley Lakin asked a question: Can a passenger drink alcohol in a car qld?
Asked By: Ansley Lakin
Date created: Mon, Apr 5, 2021 4:45 PM

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Those who are looking for an answer to the question «Can a passenger drink alcohol in a car qld?» often ask the following questions:

❔ Can a passenger drink alcohol?

Therefore, you cannot drink alcohol as a passenger in a car because this inherently means you have an open container. If you are found to have alcohol in the car or if you were drinking as a passenger, you can be charged with an infraction.

❔ Can your passenger drink alcohol?

Your passenger can just receive the $200 fine. If 15 points or more are accumulated in a 24-month span, your license will be suspended for 1 year and you may be subject to a $200 fine. In short, your passenger may not consume alcohol in your vehicle or you will be the one to pay the consequences.

❔ Can a vehicle passenger drink alcohol?

Do Not Sell My Personal Information. Most states have laws prohibiting passengers and drivers from drinking alcohol or possessing an open container of alcohol in a vehicle. However, a handful of states—including Connecticut, Delaware, Missouri, and Mississippi—don't have open container restrictions on the books.

10 other answers

However, in some states of Australia it is illegal for passengers to consume alcohol in a car – even when the car is parked by the side of the road and switched off! If you visit Tasmania, the Australian Capital Territory (ACT), Western Australia or Queensland, you need to be aware that it is firstly illegal for anyone to drink alcohol in the car, driver or not.

Your legal BAC depends on the licence you hold or the vehicle that you want to drive.

Yes! You don’t have to be driving a vehicle to be charged with drink driving. The law is actually based on whether you had “control” of the vehicle. If you leave the pub and realise you have had too much to drink to drive home, it can be a mistake to think you can hop in your car, have a sleep and all will be good.

Section 49B of the Road Safety Act has similar laws to Queensland which means that drivers are not permitted to drink alcohol while driving. Section 49C prevents passengers from drinking alcohol while supervising Learner drivers. Interesting, the laws in Victoria extend not only to drivers but also people who are in charge of a vehicle.

Aussies love the idea of enjoying alcoholic drinks on the highway as passengers, a practice otherwise known as 'roadies'. But, this is actually illegal in some states of Australia, like Tasmania and the ACT. In West Australia and Queensland it goes further, as it is illegal to drink on a street, including in a car, in WA.

Now from what I understood you can't have open alcohol containers inside the vehicle while driving, but I did some research online about this in regards to QLD laws in particular and all I could find was you can't drink alcohol while driving or drink alcohol as a passenger when training an L Plater.

No drinking in public places. You can’t drink alcohol in a public place in Queensland, unless the area is a licensed premises or is declared as a 'wet area'. You can be issued with an on-the-spot fine for drinking alcohol in a public place. Sly grogging. Sly grogging is selling alcohol (often at very high prices) without a licence.

It is actually illegal to have open alcohol is Qld on a road. It does not matter if you are in a car or standing on the road it is still illegal. So a passenger in a car drinking on any public road is illegal.

The short answer is yes. As long as there are no local ordinances banning open containers in vehicles, passengers in states without such laws can in fact drink alcohol in a moving vehicle. Mississippi is the most permissive, even allowing drivers to drink as long as they remain under the legal BAC limit.

Passengers can drink. Pretty sure even the driver can as long as they stay under the limit. Not 100% sure on passengers, pretty sure passengers can't, although a lot do it sensibly and no issue. Almost sure that drivers can't, even if they are under the limit.

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