Drinking in a car- legal?

shane86

Something I was wondering. When in a car on your way out for the night and your havin a can (being the passenger I mean) its always customary to be cautious e.g. when passing the cops you dont start drinking it infront of them, because we assume its illegal. My question being

Is it?

Is it actually illegal to drink alcohol whilst a passenger in a moving car, or for some reason has everyone always just assumed it is? What about on a privately hired coach when the driver says hes got no problem with it?

Heisenberg.

This post has been deleted.

Bard

The Scientist wrote:

Yes, It is illegal to have any open container containing alcohol whilst travelling in any automotive.


T.Sc.

Can you quote an official source of legislation for this?

Irishpimpdude

The Scientist wrote:

Yes, It is illegal to have any open container containing alcohol whilst travelling in any automotive.


T.Sc.

If so why are people in limos allowed drink?

Heisenberg.

This post has been deleted.

Sparky

I would assume as long as the driver of the vehicle is not drinking. Of course the gardai have every right to stop you and check the driver if he/she has been drinking as a precaution.

It would be suspicious anyway, as a gaurd would have to assume the can is being passed around.

E@gle.

The Scientist wrote:

Yes, It is illegal to have any open container containing alcohol whilst travelling in any automotive.


T.Sc.

i always thought that

chrismon

Irishpimpdude wrote:

If so why are people in limos allowed drink?

mabey they aren't?

MrJoeSoap

The Scientist wrote:

No.

T.Sc.

Can you tell us how you know this then?

Del2005

http://oasis.gov.ie/health/alcohol_and_drug_treatment_services/alcohol_and_the_law.html

While there is no national legislation prohibiting drinking in public, each local authority area is entitled to pass bye-laws prohibiting the consumption of alcohol in a public place. Contact your local authority to find out about these bye-laws in your area.

I presume they could get you under this if they wanted to, thats assuming the no drinking in public spaces law is in force.

One thing to be aware of though is if you are the full licence holder in a car with a provisional licence holder you may get done, as technically your in control of the car. I stand open to correction on this.

Thrill

Maybe someone on the legal forum might know the answer to this one. I wouldn't mind knowing the answer to it myself, out of interest.

Heisenberg.

This post has been deleted.

MrJoeSoap

The Scientist wrote:

No.

T.Sc.

Fair enough, so you guessed or made it up?

Healio

Del2005 wrote:

http://oasis.gov.ie/health/alcohol_and_drug_treatment_services/alcohol_and_the_law.html

While there is no national legislation prohibiting drinking in public, each local authority area is entitled to pass bye-laws prohibiting the consumption of alcohol in a public place. Contact your local authority to find out about these bye-laws in your area.

I presume they could get you under this if they wanted to, thats assuming the no drinking in public spaces law is in force.

Would the car not be considered private property, i.e. you wouldnt be drinking in public unless you stepped out of the car holding a can/glass/bottle?

Heisenberg.

This post has been deleted.

Wishbone Ash

The Scientist wrote:

An educated guess though. My mate got stopped in west Cork drinkin a can in a moving car(passenger seat) and got fined.

T.Sc.

I can't see how it could be illegal. Drinking a cold can of beer is arguably a lot safer than a hot beverage. Your mate may have got fined for something else. For example, prior to the introduction of the mobile telephine ban, a driver using one could be convicted of dangerous driving.

JohnCleary

Not too sure about your question, but...

If a car is involved in a crash, and one of the passenger's is drunk, or if there is drink in the car, it is considered an "Alcohol related accident" ... FACT!

Wishbone Ash

JohnCleary wrote:

If a car is involved in a crash, and one of the passenger's is drunk, or if there is drink in the car, it is considered an "Alcohol related accident" ... FACT!

That means nothing - what about all the taxis ferrying drunks home every night?

Ro: maaan!

I have no proof. But I always assumed that it was legal to have an open can/bottle only if it wasn't in the same section as the driver. ie in limos there's a partition between the driver and the back seats. Same with that mobile pub/venue.

gurramok

Colin Farrell in his Castlenock days was fined by a garda for having a full pint glass whilst sitting in the drivers seat of car despite keys in ignition not having car running.

So yes after i read about that publicised case , it stuck with me and i would agree that it would be illegal for the driver.

maxi-twist

Yeah,im pretty sure theres some legislation involving keys in the ignition.If u dont have them in its legal,but if you do (even if the engine isnt on) its illegal.
Not 100% but around 79%

JohnCleary

maxi-twist wrote:

Yeah,im pretty sure theres some legislation involving keys in the ignition.If u dont have them in its legal,but if you do (even if the engine isnt on) its illegal.
Not 100% but around 79%

Thought that only had to do with the driver?

ie. If the driver is sitting the the driver seat and is drunk, but no keys in ignition, it's fine.

However, if keys are in ignition it's 'Drunk in charge of a veichle' ... Heard about people getting done like this before? The punishment isin't as severe as drunk driving, but it's still a ban off the roads

Infact, I know of someone it happened to. Guy had his car parked on a public road, decided to sleep in the car when he got back to it, left the keys in the ignition, got woken up by a Guard, arrested and banned off the roads (not sure how long for) for 'being drunk and in charge of a veichle' ... Poor b4stard, I feel for him because he didn't actually drive the car. I don't know him personally, friend of a friend. Decent fella too, represented Ireland in the last Olympics would you believe!

xzanti

Yeah I often pondered this, if you can drink a certain amount without being over the legal limit, a half a pint or whatever your capacity, if you drank that half a pint or can or whatever behind the wheel would you be done, even though its not going to put you over the limit???

Victor

maxi-twist wrote:

Yeah,im pretty sure theres some legislation involving keys in the ignition.If u dont have them in its legal,but if you do (even if the engine isnt on) its illegal. Not 100% but around 79%

If you have the keys and are touching the car, thats enough for drunk in charge of a vehicle.

rubadub

Sparky-s wrote:

It would be suspicious anyway, as a gaurd would have to assume the can is being passed around.

Thats like saying all designated drivers should be assumed to have been drinking in a pub. Can't remember ever seeing people "passing a can around", past the age of 15.

What is the reasoning behing this alleged law? It is OK to be absolutely pissed in a car, there are many government ads telling you to do this. So I could be ranting and raving ****faced in the front of a car, yet could not have a sip of beer in the back, first sip in weeks? makes no sense.

Mr Magnolia

The Scientist wrote:

Yes, It is illegal to have any open container containing alcohol whilst travelling in any automotive.

QFT

irishpimpdude wrote:

If so why are people in limos allowed drink?

Permits i think??

petes

Sparks400 wrote:

QFT

Still nothing to back that statement up.

Mr Magnolia

petes wrote:

Still nothing to back that statement up.

Ring the Garda

godtabh

In alot of american states its illegal to have open drink containers in a car. I got stopped on the way to Vegas with a few lads.

But as far as I know its not here. As long as your not in charge of what ever your driving you can drink. But I cant find anything to back this up

MrJoeSoap

Sparks400 wrote:

Ring the Garda

Or you could tell us how you "know" ?

petes

I searched and couldn't find anything to say you can't.