Anyone who’s ever played the role of designated driver knows the feeling: you’re driving a friend somewhere because they’re unable to do so, but they insist on bringing something to drink along with the ride.
- In some states, it’s perfectly okay to drink while someone else is driving
- Other states take it seriously – alcoholic drinks are not allowed in the car at all
- Yes, that means after-work “tradie roadies” may be allowed…depending on where you live
Is it illegal for passengers to sit in your car and drink alcohol? And can this get you in trouble as a driver? It depends on where you live and where you are in the car, as in some situations and places it may be fine, while in other jurisdictions the penalties may be severe.
For example in VictoriaThe law states: “You may not drink alcohol, even if your blood alcohol level is below the legal limit, while driving a motor vehicle or sitting next to a person learning to drive.”
In Victoria: “Passengers are not prohibited from drinking alcohol in a vehicle. However, it is recommended that passengers do not drink alcohol as drunk passengers could distract the driver.”
In New South Wales There is no law that says passengers cannot drink in the car, nor are there clear rules for drivers when it comes to transporting passengers who have been drinking, are drunk or are still drinking.
A NSW Courts website says alcohol in cars legislation “applies only to motorists, therefore there is currently no restriction on passengers drinking alcohol in the car”.
If you are traveling by public transport (train, bus, ferry or even taxi), you are not allowed to consume alcohol while traveling – nor are you allowed to have an open container of alcohol with you. It’s worth following this rule – you could be fined up to $1,100.
South Australia has no specific reference in its state law to passengers drinking in a car.
In QueenslandPolice media have stated on public websites that motorists “can be fined for drinking alcohol while driving, and passengers can also be fined for drinking alcohol in a vehicle as it is a public place.”
In Western AustraliaPassengers and the driver can be fined up to $2,000 for drinking alcohol. This applies to vehicles, including party buses!
WA Police posted a warning on Facebook in 2021: “Don’t make your trip on a party bus more expensive than planned.” Alcohol is not allowed to be consumed in any vehicle on the road unless there is a permit or exemption. If you do this, both you and the driver could be fined $2,000.”
The Northern Territory doesn’t appear to have specific rules for drinking in a car as a passenger, but suggests that if you plan to drink, you should “plan how you’re going to get home, stay the night, or schedule 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 – someone ready to get you home safely.
Both WA and NT have rules about where alcohol can be consumed and where it can be transported. In the remote areas there are several ‘dry communities’ which are alcohol free zones – and this includes any alcohol you may have in your car or caravan and can incur hefty fines.
Tasmania and the ACT There are also laws regarding alcohol in cars – consumption of alcohol by the driver or passengers is prohibited, and it is not allowed to have open alcohol containers (i.e. no long-necked bottles or cans in the cup holders) in the car at all.
Not intended as legal advice. Check with the relevant highway authority in your state or territory.