Most people know that if they have a few drinks and get behind the wheel, they will be in danger of failing roadside alcohol testing for exceeding the legal blood alcohol limit. However, what you might not know is that’s not the only way to fall foul of the law when it comes to alcohol and vehicles.
What isn’t as widely known is that in many states and territories, drinking alcohol while driving is illegal, even if you are below the limit. In some cases, even passengers are prohibited from consuming alcohol in a moving vehicle. Perhaps even more surprisingly, there are also jurisdictions where drinking alcohol inside a parked vehicle can be against the law.
Alcohol and driving laws in Australia
An excellent post on the laws surrounding alcohol and vehicles is outlined in a Corporate Driver Training website post. Here is a summary:
- In NSW you are not allowed to drink alcohol while driving a vehicle. A passenger can drink alcohol, even when instructing a learner, but must be under the legal limit.
- Victoria and the ACT has similar rules to NSW. Victoria goes a step further, however, and doesn’t allow drivers to drink alcohol even in stationary cars.
- In Queensland, you can’t drink alcohol while driving a vehicle or drink while supervising a learner.
- Tasmania is slightly firmer and they dictate that alcohol can’t be consumed in a vehicle, whether you’re the driver or a passenger.
- South Australia, Western Australia and the Northern Territory don’t have laws that explicitly state that drivers can’t drink in vehicles.
- It’s also worth remembering that many local councils enforce alcohol-free zones. If you are parked in one of these designated areas and consume alcohol inside your car, you could face a fine.
Roadside alcohol testing
While there are lesser-known laws about drinking alcohol in cars, it’s a failed alcohol testing result that lands most people in trouble. Every year, thousands of Australians fail a roadside alcohol test and while the failure rates have come down over 40-plus years that random breath testing has been conducted, it’s still a big issue on our roads.
The seriousness of driving with alcohol was borne out in a survey conducted in 2023 by car insurer, Budget Direct. In a survey involving 1000 Australian drivers aged between 18 and 75, 14 per cent believed they had driven while over the legal limit in the six months before the survey.
Amazingly, more than a third of younger drivers (18 to 27) who participated in the survey didn’t know what the legal blood alcohol level in their state was. Almost half of the participants had no idea how many alcoholic drinks they could consume and still be under the legal limit.
In case you were wondering, the legal alcohol limit in all states and territories, for most drivers, is 0.05. For learner and provisional drivers the legal limit is 0.00.
Alcohol and driving (or working) can be a fatal mix
While we often focus on the 0.05 legal limit, it’s important to realise that even a small amount of alcohol can impair a person’s ability to drive.
Alcohol affects reaction times, coordination and judgment, making it harder to respond quickly to hazards. Studies show that even at 0.02 BAC, drivers experience reduced ability to track moving objects and multitask. At 0.04 BAC, concentration and steering control can be affected.
These impairments increase the risk of accidents, particularly in unexpected situations. The safest approach is to avoid drinking altogether if driving, as any amount of alcohol can compromise driving ability and road safety.
Of course, the same can be said for working. While you might pass workplace alcohol testing if you have had one or two drinks, you might not be at your best, or safest.
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Failing roadside testing isn’t the only way of breaking laws when it comes to alcohol and vehicles, as our latest post explains.
