Drink driving

  • Drivingforfun's Avatar
    I'm not asking for myself - promise

    I'm just asking out of curiosity after seeing someone doing this earlier today

    Is it legal to drink alcohol while driving?

    I assumed that, as long as you aren't over the limit, it's no different to drinking from a bottle of water or can of pop? I'm not aware of a law explicitly forbidding drinking alcohol while at the wheel

    Thanks!
  • 25 Replies

  • Best Answer

    TC1474's Avatar
    Best Answer
    @Drivingforfun

    It is not illegal to drink whilst driving, and that includes alcohol as it is the amount of alcohol in the blood that becomes an issue and every driver reacts differently as the way the body disperses alcohol differs, but there is a caveat other than the excess alcohol debate..

    Drinking a non alcoholic drink in not an offence per se, same as alcohol, however, (and I have reported drivers for the offence) a driver can be reported for failing to maintain proper control of his/her vehicle, and if a crash were to occur or the driver was distracted whilst drinking, then they could easily end up be reported for the more serious offences of careless or dangerous driving.

    By taking a drink of any sort whilst behind the wheel opens up all sorts of issues which could be costly in more ways than one.
  • Mark07's Avatar
    Community Manager
    I vaguely remember a story of a driver who was fined for taking a sip of a soft drink whilst stopped at traffic lights.

    I suspect there was more to it than that, but it's a story that always stuck in my mind.
  • TC1474's Avatar
    I vaguely remember a story of a driver who was fined for taking a sip of a soft drink whilst stopped at traffic lights.

    I suspect there was more to it than that, but it's a story that always stuck in my mind.

    It is more common than you think and not just drinking but eating as well.
  • Mark07's Avatar
    Community Manager
    As we approach the festive/party season, visibility is reduced as nights draw in, road conditions become slippery and there's often more traffic.

    With all that in mind, it's even more important not to drive under the influence - THINK! have launched their latest campaign to reinforce that message.

    Alcohol free drinks are more popular and prevalent than ever before, so if we're driving to parties or events, enjoy the celebrations without alcohol.
  • Rolebama's Avatar
    Over the years I have been hit by drunk drivers three times. Two cars written off. All happened because they did not stop, or appear to have tried to stop, at a junction where they were joining the road I was already travelling. Two were at crossroads where they thought they had right of way to go straight across - they didn't. The third was when a driver thought his road went straight across, it was a T junction where I was already there. All three slammed into my car on driver's side.
  • TC1474's Avatar
    This might make a few of you chuckle.

    Back in the day, the Xmas drink driving ads were filmed using real traffic crews but actors playing the part of the drink drivers. My force, and in particular me and my crewmate were the chosen crew and instructed to work with the film crews which meant working a night shift as it was easier to film in the early hours when the roads were empty.

    So, for about 4 nights, we were filmed travelling up and down a particular road with blue lights on the go (No two tones or sirens for obvious reasons) and then we were filmed administering a breath test to an actor who was playing the part of a drink driver who had been involved in a crash.

    It took several takes from various angles to get the final footage and when done everyone went away rejoicing.

    We were not allowed to accept cash or financial rewards back then but the film crew insisted on giving us something for our troubles. Guess what it was?

    A case of whisky each 🙄 So 2 senior traffic cops filming an anti drink driving advert for national TV were given a case f whisky each which was not bad considering I had been teetotal for about 3 or 4 years by that stage.

    But it made Xmas shopping dead easy, and it was easy for about 3 years as we got the same thank you every time we filmed the new ad.

    Is that what is considered irony? 😉
  • ajayon's Avatar
    This one always confuses people — legally drinking while driving isn’t specifically banned, but it’s definitely risky. Even if you're under the limit, police can act if you're seen as distracted or not fully in control.
    The line between being “within the law” and “driving carelessly” is thinner than most realize. I came across something that explained it well . It’s not just about what’s legal, but how it’s interpreted in the real world.
    Good thread — especially heading into the party season when this stuff becomes more relevant.
    Last edited by Lily; 19-06-25 at 10:56.
  • TC1474's Avatar
    This one always confuses people — legally drinking while driving isn’t specifically banned, but it’s definitely risky. Even if you're under the limit, police can act if you're seen as distracted or not fully in control.
    The line between being “within the law” and “driving carelessly” is thinner than most realize. I came across something that explained it well . It’s not just about what’s legal, but how it’s interpreted in the real world.
    Good thread — especially heading into the party season when this stuff becomes more relevant.

    Every driver I have ever booked for drinking (alcohol or non alcohol) or eating whilst behind the wheel has been convicted of either careless driving (dangerous driving in the event of a catastrophic crash where it has been proven to be a contributory factor) or they have been convicted of failing to ,maintain proper control of the vehicle.

    It has been regarded as pretty much a slam dunk since I started traffic law enforcement in the 70's and its still the case now.

    In civil cases where the burden of proof is on the balance of probability of 50% or better, then you might as well admit liability from the off as you will get no sympathy even if you are the claimant and not the primary defendant.
  • ajayon's Avatar
    Yeah, that’s absolutely illegal here.
    Last edited by Nick; 23-06-25 at 09:22. Reason: Removed Advertising link
  • TC1474's Avatar
    Yeah, that’s absolutely illegal here.

    Really? Please let me know the act and section that makes it illegal here in the UK?

    It is not advisable to, but unless you are over the actual drink drive limit, then it is not offence.

    Otherwise I go back to my original post which does apply!
  • ajayon's Avatar
    Really? Please let me know the act and section that makes it illegal here in the UK?

    It is not advisable to, but unless you are over the actual drink drive limit, then it is not offence.

    Otherwise I go back to my original post which does apply!
    It’s important to separate what’s illegal from what’s simply unwise. In the UK, the law is clear: it's only a criminal offence to drive over the prescribed alcohol limit—so unless that threshold is crossed, it’s not automatically illegal. Advising against it for safety reasons is totally valid, but stating it's "absolutely illegal" without citing the specific law or section isn’t quite accurate. Always best to deal in facts, especially on matters like this.
  • ajayon's Avatar
    Every driver I have ever booked for drinking (alcohol or non alcohol) or eating whilst behind the wheel has been convicted of either careless driving (dangerous driving in the event of a catastrophic crash where it has been proven to be a contributory factor) or they have been convicted of failing to ,maintain proper control of the vehicle.

    It has been regarded as pretty much a slam dunk since I started traffic law enforcement in the 70's and its still the case now.

    In civil cases where the burden of proof is on the balance of probability of 50% or better, then you might as well admit liability from the off as you will get no sympathy even if you are the claimant and not the primary defendant.
    Appreciate the insight—hearing it from someone with firsthand enforcement experience really puts things into perspective. It’s clear that courts and insurers don’t take distractions lightly, no matter how small they may seem in the moment. Definitely a wake-up call for anyone who thinks multitasking behind the wheel is harmless.
  • ajayon's Avatar
    Really? Please let me know the act and section that makes it illegal here in the UK?

    It is not advisable to, but unless you are over the actual drink drive limit, then it is not offence.

    Otherwise I go back to my original post which does apply!
    You're right that simply drinking (non-alcoholic) or eating behind the wheel isn’t a specific offence on its own under UK law. But as you probably know, it can still lead to charges like careless or dangerous driving if it affects control or attention—even momentarily. It really depends on how it's interpreted in context, which is why so many end up with convictions when incidents occur. I think that's what the earlier point was getting at.
  • TC1474's Avatar
    You're right that simply drinking (non-alcoholic) or eating behind the wheel isn’t a specific offence on its own under UK law. But as you probably know, it can still lead to charges like careless or dangerous driving if it affects control or attention—even momentarily. It really depends on how it's interpreted in context, which is why so many end up with convictions when incidents occur. I think that's what the earlier point was getting at.

    Did you not read my previous threads?

    There is nothing to stop you drinking alcohol whilst in the vehicle as the same rules I outlined still apply. (Look at my first post on this subject), hence the reason I asked for a specific act and section that outlaws drinking alcohol in the vehicle.

    There isn't one it all comes under (as you have repeated what I have already said,) either careless driving in the case of a catastrophic crash, dangerous or death by dangerous driving,, or failing to maintain proper control of the vehicle! 🙄

    But if you know something I don't after 45 years in traffic law enforcement, investigation and teaching, then please tell me, I am always happy to learn!
  • TC1474's Avatar
    You're right that simply drinking (non-alcoholic) or eating behind the wheel isn’t a specific offence on its own under UK law. But as you probably know, it can still lead to charges like careless or dangerous driving if it affects control or attention—even momentarily. It really depends on how it's interpreted in context, which is why so many end up with convictions when incidents occur. I think that's what the earlier point was getting at.

    And I should have added, unless you are arrested, you do not get charged with a motoring offence, you get either a fixed penalty notice or you are summonsed to appear before the court and answer to the "Alleged" offences
  • ajayon's Avatar
    And I should have added, unless you are arrested, you do not get charged with a motoring offence, you get either a fixed penalty notice or you are summonsed to appear before the court and answer to the "Alleged" offences
    That’s a good point — thanks for clearing that up. The language around motoring offences can definitely be confusing, especially when terms like “charged” get used loosely. Makes sense that unless you’re arrested, it’s usually a fixed penalty or a court summons for alleged offences.
  • Rolebama's Avatar
    Once upon a time* I was led to believe it was illegal to have any kind of VDU mounted in a car within a driver's eyesight. Now we have satnavs and multimedia screens, most of which seem to have touch screens. It may be just me, but as I have posted before, most of my driving is in the hours of darkness, and I see a proliferation of cars with the interiors lit up like my living room internally, clearly showing people fiddling with them.
    Along with the use of mobile phones whilst driving, these things should be banned.They all amount to the same level of distraction as drinking or eating.
    *I have no idea if it was a fairy story that they were illegal, or if such a law existed, has been repealed.
  • TC1474's Avatar
    Once upon a time* I was led to believe it was illegal to have any kind of VDU mounted in a car within a driver's eyesight. Now we have satnavs and multimedia screens, most of which seem to have touch screens. It may be just me, but as I have posted before, most of my driving is in the hours of darkness, and I see a proliferation of cars with the interiors lit up like my living room internally, clearly showing people fiddling with them.
    Along with the use of mobile phones whilst driving, these things should be banned.They all amount to the same level of distraction as drinking or eating.
    *I have no idea if it was a fairy story that they were illegal, or if such a law existed, has been repealed.

    Using a TV monitor to project or to allow the viewing of any moving pictures which is within the view of the driver is still illegal.

    A sat nav, phone in its cradle is not classified as a TV device hence why they remain legal provided they are not held in the hand whilst the vehicles is in motion.

    If the TV is in the front it must face the passenger and of course they are fine in the back seats.
  • olduser's Avatar
    Once upon a time* I was led to believe it was illegal to have any kind of VDU mounted in a car within a driver's eyesight. Now we have satnavs and multimedia screens, most of which seem to have touch screens. It may be just me, but as I have posted before, most of my driving is in the hours of darkness, and I see a proliferation of cars with the interiors lit up like my living room internally, clearly showing people fiddling with them.
    Along with the use of mobile phones whilst driving, these things should be banned.They all amount to the same level of distraction as drinking or eating.
    *I have no idea if it was a fairy story that they were illegal, or if such a law existed, has been repealed.

    What gets up my nose is most satnavs have disclaimer's to the effect not to be used while vehicle is in motion, I would expect the same for touch screens.
    So we designed to encourage you to touch it while driving but it all your fault if you crash while doing so!
  • Nick's Avatar
    Community Manager
    Does any manufacturer still make cars with those "head-up" displays, where it projects onto the windscreen somehow? My Grandland's SatNav presents some information in my dashboard right in front of me - I can either have it showing there the whole time, or just let it pop-up when approaching a junction. The inof and display is very basic but means I don't always have to turn my head away to look at the main screen.

    I've always thought that having to look at things is counter-productive when we are told we should have eyes on the road and avoid distraction - even looking away from the road to check speed etc is looking away from the road to some extent. and yes, I'm being a slightly pedantic devil's advocate.
    Thanks,
    Nick


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  • Rolebama's Avatar
    @Nick I bought a third party HUD for mine when I bought the car. I tried it during the day, but found it distracting. It had permanent mph and rpm scales, and cycled through engine temp, mpg, time, outside temp and a few other bits and pieces. However, at night, I didn't get to the end of the road before pulling over, putting it back in the box, and consigning it to the boot. It was horribly distracting, even though it dimmed down with the lights on.
  • Rolebama's Avatar
    @olduser Yes, but he doesn't have parked cars, junctions, traffic etc to contend with. 😁