Help Help!!

severn786

Is it illegal in the uk to have alcohol open in the car while driving if being consumed by the passengers that are in the vehicle?

Sue-UU

Never mind the legalities of it all, to my mind common sense by me, you or anyone else would suggest it isn't the wisest thing to do. Why not wait until you stop, it makes far more sense. If it's you that's driving....what would your honest thoughts be??

shelly

I have no idea if its illegal or not but if my friends and I are going on a rare night out we will drink whilst hubby is driving. Its cheaper that way

Retired_I.F.A.

severn786 wrote: »

Is it illegal in the uk to have alcohol open in the car while driving if being consumed by the passengers that are in the vehicle?

No it's quite legal even if it's being consumed by the driver whilst parked..
Mind the police could do the driver if drinking whilst driving even if the driver is under the limit, same goes if he's smoking / eating whatever.

Paul_Herring

Retired_I.F.A. wrote: »

No it's quite legal even if it's being consumed by the driver whilst parked..

Erm - no it's not. Or at least it's a highly risky thing to do. Anyone over the limit, with the keys, can be arrested for being drunk in charge of a vehicle:

http://www.motoringlawyers.com/article.asp?id=101

It is not just drink driving that drivers have to be careful about. What about the situation where you know you’re over the limit and call for a taxi or family member to drive you home and you’re waiting inside your car when a policeman knocks on the window? You don’t have to be driving to be guilty of an offence. The defence “I had no intention of driving” is certainly available but could you fight that in court?

http://www.abd.org.uk/pr/560.htm

Drink driving legislation could be vastly improved by:

1. [...]
2. Revision of the "drunk in charge" law to prevent someone who is asleep in the back seat of a parked car, or a lorry driver sleeping in a proper sleeper cab, who has not driven and has no intention of driving, being treated the same as a drink driver.

noh

No it is not illegal for the passengers to consume alchol in a vehicle in the UK.
Nor is it illegal for the driver to do so as Retired IFA said.
It is illegal for the driver to be over the limit.

Nigel

severn786

I would never drink while at the wheel or before getting in a car to drive im just talking about from the persective of being a passanger in a car and while the car is moving if can have alchol open in the car and it can be comsumed by the passnger as serveal different sources have told me that it is illegal

foolsgold99

It's not illegal for your passengers to have open alcohol and to consume it. However, it is illegal if the driver is over the limit even if the car is parked and not moving. The driver is deemed to 'be in charge' of the vehcile and can be required to give a breath specimen.

Hope thsi helps