Passengers drinking alcohol

bassman22 · 13-04-2008 6:08pm #1

Is it or is it not illegal for passengers to drink alcohol in a car, everyone seems to have a different opinion, does someone here know?

Dr.Millah · 13-04-2008 6:26pm

I dont think so. I dont see why it would be?

bassman22 · 13-04-2008 6:32pm

a lot of my friends seem to think it is, and a few have told me that it definitely is, but I'm the same as you I don't see why it would be

Del2005 · 13-04-2008 6:37pm

I don't think it is. But be aware that if you are driving on a provisional or learners permit the full licence holder can't be drinking, they can get a DUI as they are supposed to be responsible for the car.

Gary ITR · 13-04-2008 6:38pm

As far as I know it's illegal to have any open alcohol in the car, open to correction though

DuckSlice · 13-04-2008 6:39pm

illegal to have an open vessel of alcohol in the car. fact.

bassman22 · 13-04-2008 6:40pm

show me where you got the fact from

DuckSlice · 13-04-2008 6:45pm

im a guard, that good enough for u?

Holsten · 13-04-2008 6:45pm

Haha, that settles it then.

bassman22 · 13-04-2008 6:46pm

yes, thanks! nice to know eventually

bassman22 · 13-04-2008 6:53pm

etxp wrote: »

4th year mechanical engineering GMIT galway. Looking for a job too so nayone know anything give me a shout

bullsh*tter, anyone really know?

DuckSlice · 13-04-2008 6:54pm

ah no im not a guard. but its what i always thought it was. imtrying to fin something on it now, but just gettin main drink driving laws

1huge1 · 13-04-2008 6:55pm

bassman22 wrote: »

bullsh*tter, anyone really know?

Ha ha classic,
Well even if it is a rule I can't see it really being enforced, I've driven people who are drinking and have drank myself as a passenger.

Zapp Brannigan · 13-04-2008 7:06pm

It's illegal. On the way to the EP last year my mate was driving and I was drinking some Jack and Coke. We were stuck in traffic and a garda came up and told us I couldn't drink in the car. Traffic was going nowhere so I just got out and drank it by the side of the road... don't judge me

yawnstretch · 13-04-2008 7:13pm

Don't get me wrong - I'm 110% against drink driving (I'm not even much of a drinker myself) but this sounds like horsecrap even if it is true.

You're not drinking so what's the problem? If they're concerned someone might do something stupid well then just put us all in straight jackets and let the cars drive themselves. Sick of laws that are rubbish.

DuckSlice · 13-04-2008 7:14pm

shouldnt have said i was a gauard even tho i was messing, sorry

just looked through the rules of the road online, searched for everything relating to passenger and it doesnt say anytihng about passenger consuming alcohol. id imagin it wud say something in there.
personally if im driving, then nobody drinks in the car.

aidan_walsh · 13-04-2008 7:15pm

yawnstretch wrote:

You're not drinking so what's the problem? If they're concerned someone might do something stupid well then just put us all in straight jackets and let the cars drive themselves. Sick of laws that are rubbish.

The only justification I can see is if something happened that required the passenger to drive.

SeanW · 13-04-2008 8:35pm

I read ROTR several times over, both the 1997 and 2007 editions, as part of my efforts to gain a driving license (which paid off at the end of Jan

), and there was nothing about passengers drinking alcohol.

I can't see any logical reason why passengers would be forbidden to drink alcohol in the car (except the obvious one of a full licenseholder passenger in a car with a provisonal license/permit holder).

Which brings up an interesting question.

Suppose a learner permit holder is driving with an intoxicated passenger who happens to hold a full drivig license having held it for more than two years.

The driver is pulled by the Guards, where it is discovered that his passenger is A) drunk and

holds a full license.

What happens? Will the drunk with the full license be brought to court on charges of drink driving? Or, does/can the blame lie with the permit holder for driving unaccompanied?

wil · 13-04-2008 10:37pm

People shouldnt believe everything they read, Mr "Garda" etxp
I have never heard of a law regarding open alcohol in a car. It is hard enough for gardai to get a conviction with a breathalyser etc, so if this law was in existence I am sure we would have heard of attempts to fight it.
It may be a law in the US and perhaps that is where the confusion lies.

The only consideration there might legally be in relation to a passenger drinking is if they were supervising a learner driver. I dont know if the law states that here in relation to supervisers, but certainly in the UK, the supervisor of a driver under instruction must be legal to drive himself. Both he and the learner are liable for points in the event of accident of their own fault and possibly prosecution.

etxp wrote: »

shouldnt have said i was a gauard even tho i was messing, sorry

just looked through the rules of the road online, searched for everything relating to passenger and it doesnt say anytihng about passenger consuming alcohol. id imagin it wud say something in there.
personally if im driving, then nobody drinks in the car.

Wishbone Ash · 13-04-2008 10:58pm

SeanW wrote: »

What happens? Will the drunk with the full license be brought to court on charges of drink driving?

No, the driver may be deemed to be driving unaccompanied.

Wishbone Ash · 13-04-2008 11:00pm

Moved to Motors - not really a Learning to Drive matter.

Seth Brundle · 13-04-2008 11:01pm

I presume drinking inside a car could be deemed as drinking in a public place and subject to by-laws.

Steve · 13-04-2008 11:12pm

Wishbone Ash wrote: »

Moved to Motors - not really a Learning to Drive matter.

Legal discussion maybe??

IMO if it was illegal for a passenger in a vehicle to drink alcohol then I think it'd be in the papers the odd time.

Dublin Bus would also be in a bit of trouble.:D

buckfast4me · 13-04-2008 11:24pm

I've heard of this before - but no-one seems to really be sure as this thread proves. I think as kbannon said, the laws you should be reading are regarding possessing open liqour in a public place. The same laws that make "knacker drinking" etc - illegal.

unkel · 13-04-2008 11:41pm

It'd be nice if anyone could come up with a linky to something official

bassman22 · 14-04-2008 12:26am

buckfast4me wrote: »

I've heard of this before - but no-one seems to really be sure as this thread proves. I think as kbannon said, the laws you should be reading are regarding possessing open liqour in a public place. The same laws that make "knacker drinking" etc - illegal.

would a car count as a public place? I'm not so sure it would be looked upon the same as "knacker drinking"

nytraveller · 14-04-2008 2:17am

bassman22 wrote: »

would a car count as a public place? I'm not so sure it would be looked upon the same as "knacker drinking"

Isnt your car driving on a public road?

Id love to hear from a 'real' guard or barister about this law. No one really seems to know. It is a law in the US and it is prosecuted the same as their 'open container' law for drinking in public places.

On another note, it's illegal to use a mobile while driving because of the 'distractions' to the driver. So, if your passanger is out of his head skullin back a naggin or two, isnt that also a distraction. Not to mention the temptation to the driver to have a swig outta it!!

tossy · 14-04-2008 5:45am

aidan_walsh wrote: »

The only justification I can see is if something happened that required the passenger to drive.

What happens if the passenger doesn't know how to drive?

I can't see any problem with a passenger drinking,a passenger being wildly drunk and a danger to himself and others is a different scenario,but then again aren't poeple like this carried in taxis every weekend!

Churchy · 14-04-2008 1:06pm

etxp wrote: »

im a guard, that good enough for u?

Hehe , your credibility just took a nosedive.

muletide · 14-04-2008 1:08pm

etxp wrote: »

shouldnt have said i was a gauard even tho i was messing, sorry

just looked through the rules of the road online, searched for everything relating to passenger and it doesnt say anytihng about passenger consuming alcohol. id imagin it wud say something in there.
personally if im driving, then nobody drinks in the car.

Ha Ha - what a sad boy, at least pretend to be a superhero or a fireman or something

pow wow · 14-04-2008 1:15pm

I know it's illegal in some states in America. Makes some kind of sense, you could be having a 'one for you, one for me' swig-fest I suppose. Unless it's not a problem for the driver to be drinking at the wheel unless (s)he goes over the legal limit? Interesting topic.

Biro · 14-04-2008 1:30pm

SeanW wrote: »

I read ROTR several times over, both the 1997 and 2007 editions, as part of my efforts to gain a driving license (which paid off at the end of Jan ), and there was nothing about passengers drinking alcohol.

The thing to remember though is that the Road Traffic Act is different to the rules of the road book. The law is governed by the road traffic act which is probably a very comprehensive document. I don't know what's in it, but I wouldn't be surprised if it did contain something about passengers and alcohol in the car. Then again, if there is something about it, I think it's pointless.

bassman22 · 14-04-2008 1:37pm

nytraveller wrote: »

Isnt your car driving on a public road?

your house may be on a public street. With windows up in the car its not the same as being in a public place

wil · 14-04-2008 2:00pm

The only speciic reference to any laws on this subject are from the US
http://law.justia.com/newhampshire/codes/nhtoc-xxi/265-81.html

According to this non legal ref there is no such law in Ireland

"Note that there are no laws against carrying alcohol in cars, you mat drive with an open(ed) container in the passenger compartment"
http://goireland.about.com/od/safetyinireland/qt/alcohol_law.htm

Not sure if byelaws could be applied to the inside of a car on the open road.

craichoe · 14-04-2008 2:11pm

Well i couldn't see any difference between a car being stationary or in motion seeing as you can still be done for drink driving when asleep in the back of a car if you have the keys on you.

seamus · 14-04-2008 2:37pm

For all intents and purposes, the inside of a car is private property. So what you do there is your own business. Just like your home though, you are subject to other laws - so driving naked or having your stereo too loud isn't necessarily OK.

There is no statute that prevents you from having an open container of alcohol in your car. It's specifically illegal in many US states, which is why it's often misquoted as an Irish or UK law.

General rule is that if you cannot find anything which rules on whether an action is illegal, then it is legal. That is, very few laws tell you what *is* legal, instead they specify what's not legal and outside of that everything else goes.

Phaetonman · 14-04-2008 5:22pm

Interesting discussion but some serious misinformation in this thread.

I regularly have a bottle of beer when I do my weekend drive from Cork to Dublin and I was stopped once by a Garda. He saw the open bottle and asked if I had been drinking. I told him I had and that I enjoy a beer on a long drive. He didn't have any major problem with this, tested me to be sure and a null reading came up on the breathalyser.

So for your information is not illegal to have an open container of alchohol in a car and its not illegal for a drive to drink and drive provided they are under the limit.

It is illegal in the states however which I was soon told when I cracked open a bottle with friends over there.

Steve · 14-04-2008 5:34pm

Phaetonman wrote: »

Interesting discussion but some serious misinformation in this thread.

I regularly have a bottle of beer when I do my weekend drive from Cork to Dublin and I was stopped once by a Garda. He saw the open bottle and asked if I had been drinking. I told him I had and that I enjoy a beer on a long drive. He didn't have any major problem with this, tested me to be sure and a null reading came up on the breathalyser.

So for your information is not illegal to have an open container of alchohol in a car and its not illegal for a drive to drink and drive provided they are under the limit.

It is illegal in the states however which I was soon told when I cracked open a bottle with friends over there.

Cracking first post Phaetonman:D:D

hope you can outrun the horses!

I'm off to the drive-thru offie for a can of Heineken for the drive home:cool:

JohnCleary · 14-04-2008 9:15pm

Phaetonman wrote: »

Interesting discussion but some serious misinformation in this thread.

I regularly have a bottle of beer when I do my weekend drive from Cork to Dublin and I was stopped once by a Garda. He saw the open bottle and asked if I had been drinking. I told him I had and that I enjoy a beer on a long drive. He didn't have any major problem with this, tested me to be sure and a null reading came up on the breathalyser.

So for your information is not illegal to have an open container of alchohol in a car and its not illegal for a drive to drink and drive provided they are under the limit.

It is illegal in the states however which I was soon told when I cracked open a bottle with friends over there.

Post of the month

I can hear the horses galloping towards you in the distance....

unkel · 15-04-2008 12:04am

seamus wrote: »

if you cannot find anything which rules on whether an action is illegal, then it is legal

Sound point, seamus. The experience from Phaetonman kinda proves your point

wil · 15-04-2008 12:47am

seamus wrote: »

For all intents and purposes, the inside of a car is private property. So what you do there is your own business. Just like your home though, you are subject to other laws - so driving naked or having your stereo too loud isn't necessarily OK.

While I understand the relevent byelaws regarding excessive noise levels could be enforced whether I am in my car or my house, I am a little perturbed to learn that being naked in my own home may be subject to penalty. I realise it is probably in bad taste when the in-laws are visiting but surely in the private company of my spouse, could I not just get off with a warning?:D

And what are the stats for road deaths attributable to lack of garmentage?

barryfitz · 15-04-2008 7:51am

nytraveller wrote: »

On another note, it's illegal to use a mobile while driving because of the 'distractions' to the driver. So, if your passanger is out of his head skullin back a naggin or two, isnt that also a distraction. Not to mention the temptation to the driver to have a swig outta it!!

Taxi drivers would be fooked if that was the case. Ive often stepped into a taxi or minibus with a bottle on the way to the pub.:D

Cappo · 15-04-2008 9:17am

Most chauffeur-driven limousines offer alcohol to passengers and guests with no problems! :cool:

seamus · 15-04-2008 9:21am

wil wrote: »

I am a little perturbed to learn that being naked in my own home may be subject to penalty.

It's only subject to penalty if someone sees ya

DuckSlice · 15-04-2008 12:46pm

seamus wrote: »

For all intents and purposes, the inside of a car is private property.

this may be true, but they can search your car on the spot without any court order so it isnt really they same as your house kinda thing.

Turner · 15-04-2008 1:37pm

seamus wrote: »

For all intents and purposes, the inside of a car is private property. So what you do there is your own business. Just like your home though, you are subject to other laws - so driving naked or having your stereo too loud isn't necessarily OK.

There is no statute that prevents you from having an open container of alcohol in your car. It's specifically illegal in many US states, which is why it's often misquoted as an Irish or UK law.

General rule is that if you cannot find anything which rules on whether an action is illegal, then it is legal. That is, very few laws tell you what *is* legal, instead they specify what's not legal and outside of that everything else goes.

Correct.

The inside of a car is not a public place. You can drink away to your hearts content.

Never thought about it too much in detail but this means that infact the driver could drink away as well as long as his blood/urine and breath content of alcohol stayed below the legal limits.

If you are a passenger in a car a garda cannot demand your name under the public order act.

He can though under the misuse of drugs act, offences against the state act and road traffic act.

Phaetonman · 15-04-2008 1:44pm

Whats with the horse references?

If something is not expressly forbidden in law then exploit away I say.

I also like to open a beer at work as well until I was told not to. I argued with them that there was no policy on enjoying a single beer just like other programmers enjoy a coke or a coffee. They just said its unprofessional haha.
Too much stigma attached to drinking I think.

seamus · 15-04-2008 2:07pm

etxp wrote: »

this may be true, but they can search your car on the spot without any court order so it isnt really they same as your house kinda thing.

Only because it's specifically mentioned under the misuse of drugs act. They don't have carte blanche to rifle through your car.
I imagine they avoided giving Gardai the power to rifle through people's homes under the same act for the obvious reasons.

Black_Knight · 15-04-2008 2:09pm

Having people drinking in your car is the most annoying thing! Especially if they're drunken messes. Ive done it once, and never again. Id think itd be great if it was illegal, itd give me valid reason to refuse people to drink in my car.

cyrusdvirus · 15-04-2008 2:13pm

Black_Knight wrote: »

Having people drinking in your car is the most annoying thing! Especially if they're drunken messes. Ive done it once, and never again. Id think itd be great if it was illegal, itd give me valid reason to refuse people to drink in my car.

Ehmm........does the fact that it's your car not give you enough reason to tell people not to drink in it?

I refuse to allow anyone smoke let alone drink in my car. And i'm a smoker.

Black_Knight · 15-04-2008 2:16pm

gatecrash wrote: »

Ehmm........does the fact that it's your car not give you enough reason to tell people not to drink in it?

In my defence, she was hot. :pac:

Passengers drinking alcohol

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