Drinking in a car- legal?

connundrum · 21-11-2006 3:39pm

The Scientist wrote:

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

T.Sc.

So, for all intents and purposes could one sit in the passenger seat drinking out of a screw-cap bottle?

The fact that there is no legislation would lead me to believe that the action taken against you will depend on what Guard stops you ie. you could be fined, or he/she could see it as being harmless and let you on.

Mr Magnolia · 21-11-2006 3:46pm

OK, I've just spent 10 minutes on the phone being transferred from to the Department of Justice to the Department of Transport and back again. Basically there is no law to state that: It is illegal to have any open container containing alcohol whilst traveling in any automotive vehicle.

The law exists in the US but not here....

MrJoeSoap · 21-11-2006 3:47pm

Right, case closed so.

subway · 21-11-2006 3:48pm

can you get that in writing on official paper?
i want one for my dashboard....

connundrum · 21-11-2006 3:57pm

Sparks400 wrote:

The law exists in the US but not here....

Wohooo!! I feel much better with that knowlege tucked under me arm now..

/off to find a car-sized keg of Stella

Ro: maaan! · 21-11-2006 4:10pm

So the question now is does being in a car fall under the heading of "public". It's not your land. Just your car. Surely it still counts as public. Otherwise you could get a cardboard box, stand in it, and drink anywhere, assuming it's your box. (Might be an idea.)

faceman · 21-11-2006 8:18pm

The Scientist wrote:

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

T.Sc.

This is the law is most US states but not in ireland. I not sure if there is anything in the legislation in ireland, have been trying to check it out but i know for deffo it is illegal to consume alcohol on public transport.

MrJoeSoap · 21-11-2006 8:19pm

faceman wrote:

This is the law is most US states but not in ireland. I not sure if there is anything in the legislation in ireland, have been trying to check it out but i know for deffo it is illegal to consume alcohol on public transport.

Aren't you allowed drink on trains?

faceman · 21-11-2006 8:22pm

MrJoeSoap wrote:

Aren't you allowed drink on trains?

true but i dont know why! but buses and taxis are deffo no no.

shane86 · 21-11-2006 8:25pm

Sparks400 wrote:

Ring the Garda

Ive known of guards who dont know the age of consent, how in the **** would they work out this grey area.

Yeah Joe, apparently they sell draught beer on the intercity trains like Cork to Dublin. Id say its a- overpriced and b- forbidden, for monopoly reasons, to drink your own cans

**** them

MrJoeSoap · 21-11-2006 8:30pm

I've often drank my own cans on Intercity trains, in front of ticket inspectors, and nothing was said.

faceman · 21-11-2006 8:32pm

MrJoeSoap wrote:

I've often drank my own cans on Intercity trains, in front of ticket inspectors, and nothing was said.

probably cos they would rather not have the agro imho

Ruu_Old · 21-11-2006 8:34pm

MrJoeSoap wrote:

I've often drank my own cans on Intercity trains, in front of ticket inspectors, and nothing was said.

"Ticket please"
"WHAH DID YOU SAY ABOUT ME MA!" *hic*:mad:

MrJoeSoap · 21-11-2006 8:41pm

faceman wrote:

probably cos they would rather not have the agro imho

I dunno, I've a feeling it might be legal... its just a feeling though! Surely if they can serve beer then I can drink my own (unlike a pub).

faceman · 21-11-2006 8:43pm

MrJoeSoap wrote:

I dunno, I've a feeling it might be legal... its just a feeling though! Surely if they can serve beer then I can drink my own (unlike a pub).

drinking your own beer may not be illegal on a train but im sure its against the conditions of travel. The reasoning being that the staff cant monitor your intoxication levels if you drinking your own alcohol

MrJoeSoap · 21-11-2006 8:44pm

Actually, now that I think of it, there was a guy on the train I got home from Drumcondra on Friday drinking a can, and the "Railway Security" dudes in their big black outfits didn't say anything to him.

These are the same lads I saw at my local station strictly enforcing the "Stand Behind The Yellow Line" rule...

Rb · 21-11-2006 9:12pm

Any time I've drank on the train (my own drink brought on) there was never a problem.

I'm unsure of any legislation in the matter anyway, I've always thought it was illegal to drink in a car, as a passenger, but I don't even know where I got the idea! That said, one time myself and a few friends had a bit of drink left before heading in to town, took it out in the taxi and the driver said grand, but to put the cans on our laps/ out of sight whenever we weren't moving. Funnily enough he ended up speeding and we got pulled over by the Gardaí, but luckily threw the cans out the door before we pulled in.
I think he'd of gotten in quite a lot of trouble if we'd been caught though.

It may have to do with the vehicle itself, as has been said Limo drivers are partitioned from the passengers, as are train drivers, but cars/coaches have no such partitioning, so it could be dangerous if people are drunk i.e they could distract the driver or perhaps prevent the driver from driving safely, which they'd be less likely to do sober.

I dunno!

denm · 21-11-2006 9:38pm

drink away, yer grand. its not the usa we live in.

Ro: maaan! · 21-11-2006 9:53pm

As faceman said, it may be against Irish Rail's rules to drink your own drink on a train, but if they're selling drink (for people to have on the train) then it can't be illegal.

Capt'n Midnight · 21-11-2006 11:04pm

Then again it's a lot harder for a drunk on a train to distract the driver to such an extent that his steering is affected.

can you still buy drink on a train on Good Friday ?
and what are opening hours and last orders ??

I have a great idea for a late night DART service, running back and forth !

What's the story on the LUAS ?

petes · 22-11-2006 10:39am

Get the Enterprise from Belfast to Dublin on Good Friday. I'd say the bar is open on it. I've often had my own drink on a train. Not a problem.

Victor · 22-11-2006 5:48pm

faceman wrote:

true but i dont know why! but buses and taxis are deffo no no.

Well you aren't going to be in the driving compartment of the train are you?

The Victorians were horrifed at the thought of long train journeys without the help of a stiffener.

Capt'n Midnight wrote:

can you still buy drink on a train on Good Friday ?

Yes, including stations.

I have a great idea for a late night DART service, running back and forth !

Look at the cost of policing and cleaning, non runner.

What's the story on the LUAS ?

Banned AFAIK.

xha1r · 22-11-2006 5:56pm

Capt'n Midnight wrote:

What's the story on the LUAS ?

Was on the LUAS once and an inspector told a guy with a can he couldn't drink. Can't remember if she asked him to put it away, but either way the LUAS stopped at Beechwood and the dude was told to leave, as the LUAS wouldn't move until he had.

This inspector is a b1tch though, I've seen her a few times get pissed off at even the smallest thing.

Another time however, an inspector (a guy) had his picture taken with another fellow with a bottle of Heino in his hand...

But I do think it isn't allowed.

22-11-2006 5:57pm

I wonder what the gaurds would say if you were pulled over.

With all the media coverage of drink driving i would hazard a guess they would give you a bollocking for it and call you a danger to the driver,but then again possibly not.......

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

"Under the Criminal Justice (Public Order) Act, 1994, it is an offence for you to be so drunk in a public place that you could reasonably be presumed to be a danger to yourself or to anyone around you. If found guilty of this offence, you could be fined 127 euro and a member of the Garda Siochana can confiscate any alcohol you may be carrying"

rubadub · 22-11-2006 6:07pm

xha1r wrote:

Was on the LUAS once and an inspector told a guy with a can he couldn't drink.

Trick is to get a coca-cola label/cover for your cans, or just drink vodka & coke from a coke bottle.
I remember in college they used to search bags for booze on certain big event days, they would hire private security to do this. We used to sneak in the delivery doors and drink from teacups. Walking around slaughtered with my wee cup of tea.

Budd · 22-11-2006 7:50pm

Not illegal at all. I'd always have a can driving home on a Friday night in the car. Once you're under the limit.

Ro: maaan! · 22-11-2006 8:09pm

Budd wrote:

Not illegal at all. I'd always have a can driving home on a Friday night in the car. Once you're under the limit.

Has a guard ever seen you?

sportswear · 22-11-2006 9:05pm

so. to confirm......

Am i allowed to drink a single can of beer as i drive with it in my cup holder provided i remain below the legal amount of alcohol allowed in my blood?????

Jumpy · 22-11-2006 9:19pm

sportswear wrote:

so. to confirm......

Am i allowed to drink a single can of beer as i drive with it in my cup holder provided i remain below the legal amount of alcohol allowed in my blood?????

Whether it is illegal or not, it would not be wise. Consuming alcohol within minutes of a breathalyser test will skew the results. After flushing my mouth will beer, a pub analyser measured me at near death levels. I was on my first drink.

Paddy_Irishman · 23-11-2006 1:02am

sportswear wrote:

so. to confirm......

Am i allowed to drink a single can of beer as i drive with it in my cup holder provided i remain below the legal amount of alcohol allowed in my blood?????

Ye you could if you wanted but if pulled over by the gards you could also be arrested on suspicion of drink driving which would suck but would be totally legal. After you proved you were under the limit by breath etc then you would be left at a garda station and have to get back to your car

.

It's perfectly legal to drink while being a passenger in a car. A Car is not a public place because a public place is defined as some where the public have access to at the material time. The owner/driver of the vehicle decides who is in the car and is their property, so is their choice. Of course if a gard pulled over a car with 4 lads in it, 3 of whom are swigging cans and the driver says he isnt drinking, it would depend on the opinion of the Gard if he wanted to arrest the driver on suspicion of drink driving. That's what your creating with drink in a car basically.

As soon as you step out of a car, the can could be taken off you by a gard thou as it's a public place.

Drinking in a car- legal?

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