is it illegal to drink a can of beer when driving?

[k321]

hi, i was just wondering what would happen if a police officer saw me drinking a can of stella whilst i was driving. Is it true I am allowed to drink ONE can of stella and be under the limit but drive at the same time?

thanks

K

[vonhosen]

You can expect to be stopped, hang around & then roadside breath tested.

[egomeister]

I used to think this was actually legal but I'm sure I read somewhere that it's illegal to consume alcohol at the wheel, irrespective of whether you are over the limit or not - I'm sure someone would have a definitive answer.

One question though, why would you want to?

[k321]

so the policeman would stop me if he saw a can of stella in my cupholder?

i thought about this today as i had a can of stella in my cupholder but wasnt drinking it and was thinking that i should hide it in case the police came, but then again i wasnt over the limit

just want to make sure its not illegal

[timskipper]

Car pulls up at the DSS funded house opposite yesterday. Driver gets out, rests can of Stella on roof, lets Staffordshire Bull Terrier out, goes into house.

I was half-tempted to shout "do yer like dags?" out the window, but suspected not a good idea.

[richburley]

k321 said:

hi, i was just wondering what would happen if a police officer saw me drinking a can of stella whilst i was driving. Is it true I am allowed to drink ONE can of stella and be under the limit but drive at the same time?

thanks

K

Isn't that like asking if it is legal to punch yourself in the head whilst driving. Even if it is, why would you want to?!?

[vonhosen]

k321 said:

so the policeman would stop me if he saw a can of stella in my cupholder?

i thought about this today as i had a can of stella in my cupholder but wasnt drinking it and was thinking that i should hide it in case the police came, but then again i wasnt over the limit

just want to make sure its not illegal

In your original post you said "saw me drinking".

In which case expect breath test & also read this thread http://pistonheads.com/gassing/topic.

Edited by vonhosen on Monday 12th March 22:27

[k321]

tim , well amazingly enough i am not a chav , far from one and live in the countryside and drive a chavless car

plus i am not a drinker but sometimes my friends are drunk in the car, drinking beer in the car and then they pass one to me , just wondering if its illegal or not to drink whilst driving and i am always sure i am not over the limit , always, drinking barely 2/3 of a can.

[timskipper]

My post was superflous really, it just reminded me of typical chav scene outside my house yesterday.

[k321]

thank you vonhosen!

timskipper i would move if i was you, if i see a chav i sometimes get my camera and video them as i drive past as i think they are hilarious- thats not a crime right?

Edited by k321 on Monday 12th March 22:30

[davy9449]

Simply, Yes it is illegal. I assumed everybody would know that, guess not! 95% Sure it is illegal to have an open alcoholic 'container' in your vehicle full stop.... by anybody, driver or passenger.

[gently bentley]

The legislation states "if a constable has reaonable cause to suspect a person has alcohol in their body" It then goes on to talk about prescribed limits. So in answer to the question. If I saw you drinking a can of Stella OR if I saw you with a beer in the cup holder or even passengers sharing drink then yes I would stop you. I would if I suspected you had been drinking require you to provide a specimen of breath. If you passed the test I would say thank you for your time. Have a nice day. Simple.

[k321]

thank you gently bentley

Davey9449-- are you sure about that??? surely my backseat passenger can have a beer when i am driving?

also, someone else told me it is illegal for a front passenger to sleep as it makes the driver fall asleep too, or is this actually legal>?

Edited by k321 on Tuesday 13th March 01:07

[gently bentley]

The front seat passenger can not only fall asleep he can put underpants on his head, pencils up his nose and say wibble wibble. (provided the pants are clean!)

[gently bentley]

Also you can all have a full blown bevvy session to your hearts content PROVIDED the driver is not over the limit.

The passengers can have 10,000 cans all open and be sick as dogs, who cares they are not driving the car.

[k321]

cheers gentley bentley, so it is legal, but if the police see my friends in the car drunk and swinging out the window dancing like morons, they would probably stop me right for a breath tester?

also one last thing, if i play loud music in the car and have the window open and be smoking a cig, are the police more likely to stop me?

[Richard C]

davy9449 said:

Simply, Yes it is illegal. I assumed everybody would know that, guess not! 95% Sure it is illegal to have an open alcoholic 'container' in your vehicle full stop.... by anybody, driver or passenger.

American Law only

[gently bentley]

k321 said:

cheers gentley bentley, so it is legal, but if the police see my friends in the car drunk and swinging out the window dancing like morons, they would probably stop me right for a breath tester?

also one last thing, if i play loud music in the car and have the window open and be smoking a cig, are the police more likely to stop me?

They might if the music is excessivly loud giving consideration to the time and place ie 3am hospital car park yes, 2pm middle of nowhere hell no.

Smoking a fag, no go kill yourself, smoking a spliff, rubber glove up bottom time.

[gently bentley]

Oh as a driver you realy should be in a position where your passengers are not kicking the arse out of it. Plod will be peeved if they acting like morons because the possible danger the could present to your good driving is obvious and the police will stop and have a word with you. Good judgement is that your mates keep it cool when you are driving. Give plod a reason to stop you and ares them about and they will have a peek at your car to see what they can find wrong with it. Keep plod happy and he will smile and be your best pal. Its the way life is.

[gallardoguy]

saw in the paper today a guy got 3 points & a fine for eating a sandwich, so a stella will only bring trouble mate...