Road trip drinking

Prionsa

anyone know the legal situation about passengers drinking in a car? obviously not the driver now

Run_to_da_hills

I know that in the US its a offence to have cans in the in the passenger compartment of a car opened or not in many states. It may be only a matter of time before it will be inforced in here.

Cookie_Monster

iirc any open can/bottle in the front is not allowed but back is ok.
not 100% sure though

seamus

There is no law against passengers drinking in a private vehicle.

However, the driver may be subject to continued breath tests if you're spotted by the Gardai.

actuallylike

seamus wrote: »

There is no law against passengers drinking in a private vehicle.

However, the driver may be subject to continued breath tests if you're spotted by the Gardai.

Not that I don't believe you but I was wondering if you have a link to the exact law that says this. I've been cautioned by the police about having an open can in the car (it was half empty in the back and I was on my own) and I'd like to recite it if it happened again.

seamus

actuallylike wrote: »

Not that I don't believe you but I was wondering if you have a link to the exact law that says this. I've been cautioned by the police about having an open can in the car (it was half empty in the back and I was on my own) and I'd like to recite it if it happened again.

There is no law which states it.

If something isn't stated in law as being illegal then it is implicitly legal

I'd be interested to know under what statute the Garda cautioned you. There's no basis on which one cannot have an open container of alcohol in the car. The driver is even permitted to drink while driving, provided that the do not exceed the BAC limit.

Prionsa

thats what i thought alright but ive been hearing its illegal lately. theyre obviously talkin out there arse how are you so sure though are you a garda yourself?

seamus

Prionsa wrote: »

thats what i thought alright but ive been hearing its illegal lately. theyre obviously talkin out there arse how are you so sure though are you a garda yourself?

No, but I've looked into it and I've been the driver in a car with drinking passengers, once of whom was a Garda, who reliably informed us that it wasn't illegal.

Also if you google it, you'll find an almost identical thread from a couple of years ago where I said almost exactly the same thing as above.

Under Irish law, your car is private property. So what goes on inside of it is treated exactly the same as if it was going on in your home. It is perfectly legal to drink on private property

Prionsa

grando thats that settled nice one !

actuallylike

seamus wrote: »

I'd be interested to know under what statute the Garda cautioned you. There's no basis on which one cannot have an open container of alcohol in the car. The driver is even permitted to drink while driving, provided that the do not exceed the BAC limit.

It was years ago, he didn't actually make it official. Was just giving me the once over at a check point, looked in the back and saw a can tucked into the seat pocket and said that I shouldn't have open cans in the car. I said it wasn't mine (it was in the back:rolleyes:) and he let me go. Probably just having a little power trip or something.

Theta

The driver of a car can be drinking while he is driving once he is under the legal limit. There is nothing to say you cant drink in a car you just cant be over the limit and drive it.

Cookie_Monster

Theta wrote: »

The driver of a car can be drinking while he is driving once he is under the legal limit. There is nothing to say you cant drink in a car you just cant be over the limit and drive it.

it may be legal and ok but do you honestly think that a Garda will just let you off for doing it without trying to get you for something else (just for taking the piss which is what drinking while driving is)

gbee

Theta wrote: »

There is nothing to say you cant drink in a car you just cant be over the limit and drive it.

Not quite so, you can't be over the limit whilst even in it [as the driver/in [possession of].

So in fact you can park up, sit in your car, get drunk but not even drive that car and you can still get arrested ~

This is one reason why friends and concerned publicans take the keys off drunk people ....

Theta

gbee wrote: »

Not quite so, you can't be over the limit whilst even in it [as the driver/in [possession of].

So in fact you can park up, sit in your car, get drunk but not even drive that car and you can still get arrested ~

This is one reason why friends and concerned publicans take the keys off drunk people ....

That is true I should have been more specfic and said have intent to drive.

BrianD

in my experience, drinking passengers equals multiple stops for toilet breaks and after a while they become obnoxious. Suggest that they respect you and not drink while on the road. If you are stopped and there is a "smell of drink" from the car it is reasonable grounds for a breath test.

Poster King

My Uncle was done for drink driving - he had several pints in a pub in town, car outside, couldn't get a lift home so decided to sleep it off in the back of the car and got done, even though he had not intention of drink driving. He was rightfully pissed off.

I have done similar many times a small village in the west of ireland where my lift/taxi has not showed to drive me the 5 miles home so I've climbed into my sleeping bag in the back of my LWB Land Cruiser and slept the night. Luckily never been done for it. I'm not sure what I should do to not break the law - sleep under the car maybe?
I'd love to know the law on this.
I think there is also some law or by-law in certain areas that prohibits people sleeping in vehicles so as to stop camper van and the like.

In relation to the drinking while driving thing, I used regularly drive to the west from Dublin with a mate or two in the car who would be sculling cans. I would often take a few swigs from a can on the final stretch, say within 10 miles of destination. Not exactly behaviour to be promoted, but again, as long as I'm under the alcohol limit I don't think I'm breaking any law.

Victor

Theta wrote: »

The driver of a car can be drinking while he is driving once he is under the legal limit. There is nothing to say you cant drink in a car you just cant be over the limit and drive it.

The garda could consider it driving without due care and attention.

The drunken idiot factor can be passed to the driver, so I would discourage it.

I wonder if the public drinking bye-laws would apply to a vehicle.

foggy_lad

Theta wrote: »

That is true I should have been more specfic and said have intent to drive.

Poster King wrote: »

My Uncle was done for drink driving - he had several pints in a pub in town, car outside, couldn't get a lift home so decided to sleep it off in the back of the car and got done, even though he had not intention of drink driving. He was rightfully pissed off.

I have done similar many times a small village in the west of ireland where my lift/taxi has not showed to drive me the 5 miles home so I've climbed into my sleeping bag in the back of my LWB Land Cruiser and slept the night. Luckily never been done for it. I'm not sure what I should do to not break the law - sleep under the car maybe?
I'd love to know the law on this.
I think there is also some law or by-law in certain areas that prohibits people sleeping in vehicles so as to stop camper van and the like.

In relation to the drinking while driving thing, I used regularly drive to the west from Dublin with a mate or two in the car who would be sculling cans. I would often take a few swigs from a can on the final stretch, say within 10 miles of destination. Not exactly behaviour to be promoted, but again, as long as I'm under the alcohol limit I don't think I'm breaking any law.

nevermind the intent aspect this does not really matter or even get consideration,
if you are in control of your car then you must be sober/under the limit and the law sees having the keys in your possession as being in control of the vehicle. so if you want to sleep it off on the back seat give your keys to a friend or the publican to mind!

JayMul

foggy_lad wrote: »

so if you want to sleep it off on the back seat give your keys to a friend or the publican to mind!

This is a good idea as long as you have central locking alarm. But if you need your key to open the door might be a problem, not to mention which friend has your keys the next morning :P