Can you drink and drive?

evolving_doors

as in... be sipping from an alcoholic beverage whilst simultaneously driving.
Assuming you're under the limit.
Like this guy.

AndyBoBandy

Jim Lahey always remained under the limit!

But isn’t there a law about open alcohol drinks being consumed in a passenger car?

harry Bailey esq

AndyBoBandy wrote: »

Jim Lahey always remained under the limit!

But isn’t there a law about open alcohol drinks being consumed in a passenger car?

Bobandy! Spooky!

Peregrinus

AndyBoBandy wrote: »

Jim Lahey always remained under the limit!

But isn’t there a law about open alcohol drinks being consumed in a passenger car?

Not as such, no.

You are, obviously, asking to be stopped and breathalysed. But if you're under the limit, you're under the limit.

Local authorities have powers to make bye-laws which (among other things) ban drinking in public places, so depending on where you are you could infringe those by drinking on the highway, whether or not you're in a car.

And, at a pinch, the guards could argue that you're driving carelessly or inattentively by having one hand taken up with holding a bottle.

evolving_doors

Peregrinus wrote: »

Not as such, no.

You are, obviously, asking to be stopped and breathalysed. But if you're under the limit, you're under the limit.

Local authorities have powers to make bye-laws which (among other things) ban drinking in public places, so depending on where you are you could infringe those by drinking on the highway, whether or not you're in a car.

And, at a pinch, the guards could argue that you're driving carelessly or inattentively by having one hand taken up with holding a bottle.

I've this all planned out.


Seriously though, as someone mentioned above is there a law (like in the US) which prohibits an open bottle/can etc?

Peregrinus

evolving_doors wrote: »

I've this all planned out.

Yup, that works.

evolving_doors wrote: »

Seriously though, as someone mentioned above is there a law (like in the US) which prohibits an open bottle/can etc?

Short answer: no, there isn't.

tedpan

https://touch.boards.ie/thread/2056906564

https://touch.boards.ie/thread/2055274471

GM228

The answer is no there is no such law in itself under the Road Traffic Acts, however as Peregrinus has pointed out many local authorities have bye-laws made under the Local Government Acts which makes it illegal to consume (or have in posession with intention to consume) alcohol in a public place in the functional area of the authority, so the answer is in fact yes it is illegal to do so in many (but not all) public places which are under the control of the authority weather you are the driver or the passenger. In Dublin for example it is illegal in all public places whilst in Kilkenny it is only illegal on selected roads.

Merely having it in your posession to bring it home obviously is not an offence.

Del2005

GM228 wrote: »

The answer is no there is no such law in itself under the Road Traffic Acts, however as Peregrinus has pointed out many local authorities have bye-laws made under the Local Government Acts which makes it illegal to consume (or have in posession with intention to consume) alcohol in a public place in the functional area of the authority, so the answer is in fact yes it is illegal to do so in many (but not all) public places which are under the control of the authority weather you are the driver or the passenger. In Dublin for example it is illegal in all public places whilst in Kilkenny it is only illegal on selected roads.

Merely having it in your posession to bring it home obviously is not an offence.

Is a car a public place? I know it's not allowed on the street but if I'm in a car I'm not on the street, the car is. So am I in a public or a private place when in a car in public?

Peregrinus

Del2005 wrote: »

Is a car a public place? I know it's not allowed on the street but if I'm in a car I'm not on the street, the car is. So am I in a public or a private place when in a car in public?

You're in a public place. You don't cease to be the street merely because you are in a car in the street. A car is not an invisibility cloak. I can see you picking your nose, you know!

Snotty

Peregrinus wrote: »

. I can see you picking your nose, you know!

Swear to god I was just scratching the side of my nose

Del2005

Peregrinus wrote: »

You're in a public place. You don't cease to be the street merely because you are in a car in the street. A car is not an invisibility cloak. I can see you picking your nose, you know!

The car is using the public place, but I am in a private vehicle. So I'm in a private vehicle using a public space. Am I in a public place in a private vehicle or a private space in a private vehicle? I'm not asking to be invisible I just want to know what's considered a public space in a private vehicle.

Peregrinus

Del2005 wrote: »

The car is using the public place, but I am in a private vehicle. So I'm in a private vehicle using a public space. Am I in a public place in a private vehicle or a private space in a private vehicle? I'm not asking to be invisible I just want to know what's considered a public space in a private vehicle.

You're in the street; that's a public place; you're in a public place.

The fact that you're in your car, or on your bicycle, or under your umbrella, or with your mate Charlie, or using your phone, or under the influence of intoxicating liquor, or in a foul mood, is not something we need to look at when we ask " is Del in a public place?" We only need to look at the place where you are.

There's a whole slew of motoring offences that can only be committed in a "public place". Obviously they couldn't be committed at all if, by stepping into your car, you ceased to be in a public place.

Del2005

Peregrinus wrote: »

You're in the street; that's a public place; you're in a public place.

The fact that you're in your car, or on your bicycle, or under your umbrella, or with your mate Charlie, or using your phone, or under the influence of intoxicating liquor, or in a foul mood, is not something we need to look at when we ask " is Del in a public place?" We only need to look at the place where you are.

There's a whole slew of motoring offences that can only be committed in a "public place". Obviously they couldn't be committed at all if, by stepping into your car, you ceased to be in a public place.

If it's illegal for me to drink in my car then how is it legal for pubs and restaurants to serve alcohol on the street? Plenty of places have tables on the street and that's a public place.

Peregrinus

Del2005 wrote: »

If it's illegal for me to drink in my car then how is it legal for pubs and restaurants to serve alcohol on the street? Plenty of places have tables on the street and that's a public place.

It's not illegal for you to drink in your car, unless your car is in a public place where the local government has made by-laws forbidding drinking in a public place. And, in such a place, the by-laws will also forbid pubs and restaurants from serving alcohol in the street.

Del2005

Peregrinus wrote: »

It's not illegal for you to drink in your car, unless your car is in a public place where the local government has made by-laws forbidding drinking in a public place. And, in such a place, the by-laws will also forbid pubs and restaurants from serving alcohol in the street.

They serve alcohol on the streets of Dublin in pubs and restaurants, so they are not obeying the bye laws.

Peregrinus

Del2005 wrote: »

They serve alcohol on the streets of Dublin in pubs and restaurants, so they are not obeying the bye laws.

Has Dublin Corporation made by-laws prohibiting the consumption of alcohol in public?

And, if they have, is there possibly an exemption within those bye-laws to consumption in a seating area maintained by a licensed premises for which planning and other necessary approvals have been obtained?

Del2005

Peregrinus wrote: »

Has Dublin Corporation made by-laws prohibiting the consumption of alcohol in public?

According to GM228 they have.

Intoxicating Liquor Bye-laws under the Local Government Act 2001 came into effect on 1st October 2008. The Bye-laws prohibit the consumption of intoxicating liquor on roads and in public places within the city of Dublin.

http://www.dublincity.ie/main-menu-services-recreation-culture/intoxicating-liquor-bye-laws

Peregrinus

Del2005 wrote: »

According to GM228 they have.

GM228 is always right.

Del2005 wrote: »

http://www.dublincity.ie/main-menu-services-recreation-culture/intoxicating-liquor-bye-laws

Ah, there we go. Check out bye-law 9 in your link.