Anybody who has performed the function of the designated driver will know the sensation – you’re driving a buddy someplace as a result of they’re in no state to, however they insist on bringing a drink with them for the drive.

• In some states it’s completely effective to have a drink whereas another person drives
• Different states take it severely – no alcoholic drinks allowed within the automobile in any respect
• Sure, which means “tradie roadies” after work could also be allowed… relying the place you reside

Is it unlawful for passengers to be in your automobile whereas consuming alcohol? And might you get in hassle for it, as the driving force? It is dependent upon the place you reside and the place you’re within the automobile, as a result of it might be okay in some conditions and places, whereas in different jurisdictions the penalties could also be extreme.

For instance, in Victoria, the legislation states that “you need to not drink alcohol, even when your blood alcohol focus stays beneath your authorized restrict whereas driving a motorized vehicle or sitting beside an individual who’s studying to drive”.

In Victoria: “Passengers usually are not prohibited from consuming alcohol in a automobile. Nevertheless, it’s suggested that passengers don’t interact in consuming, as drunk passengers might distract a driver.”

In New South Wales there is no such thing as a legislation that states that passengers should not drink whereas in a automobile, and neither is there any obvious guidelines for drivers relating to carrying passengers who’ve been consuming, are drunk, or are nonetheless consuming. 

A NSW Courts web site states that alcohol in vehicles laws “solely refers to drivers, so there’s presently no restriction on passengers consuming alcohol whereas in a automobile”. However, should you’re planning on taking public transport (prepare, bus, ferry and even taxi) you aren’t allowed to devour alcohol whereas using – and also you’re not allowed to be in possession of an open container of alcohol. It’s value abiding by that rule – you possibly can be fined as much as $1100. 

South Australia doesn’t have a particular be aware in its state legislature about passengers consuming in a automobile. 

In Queensland, Police Media has said on public websites that drivers can “obtain a effective for consuming liquor whereas driving, and passengers can be fined for consuming liquor in a automobile as it’s deemed a public place”. 

In Western Australia, passengers and the driving force might be fined as much as $2000 for consuming. This is applicable to automobiles, together with get together buses! WA Police posted a warning of such on Fb in 2021: “Don’t make your journey on a celebration bus dearer than you deliberate. You can not drink alcohol in any automobile on a highway, until it’s licensed or exempted. In the event you do, each you and the driving force might be fined $2000.”

The Northern Territory doesn’t seem to have particular guidelines round consuming in a automobile as a passenger, nevertheless it does recommend that, should you’re planning to drink, “it’s best to plan how you’ll get house, keep in a single day or organize a Sober Bob”. In the event you’ve by no means heard of a Sober Bob, you might need heard of a chosen driver (dezzy driver) or Sober Sally – somebody who’s keen to get you house safely. 

Each WA and NT have guidelines for the place alcohol is allowed to be consumed, and the place it may be transported to, too. There are a number of “dry communities” within the distant areas which can be alcohol-free zones – and that features alcohol you might need in your automobile or caravan, and massive penalties could apply.

Tasmania and the ACT even have legal guidelines round alcohol in vehicles – it’s not allowed to be consumed by the driving force or passengers, and also you’re not purported to have open alcohol containers (so, no long-necks or tinnies within the cup holders) within the automobile in any respect.

Not supposed as authorized recommendation. Examine with the related roads authority in your state or territory.