Is it illegal to drink in a parked car?
Confusingly, the issue of drinking alcohol in a parked car can be split between road laws and local council laws.
Yes and no, depending on which state or territory you're in - and in some cases, which council area you're in. In some states of Australia it is illegal to sit in your car and drink alcohol, and people have been charged with drink driving while sleeping off a big night out in their car.
Western Australia and Queensland are super-strict on drinking alcohol even in a car that is turned off and parked to the side of the road, or in a car park. In Western Australia it is actually illegal to drink alcohol in a street, including in a car, under the Liquor Control Act (1988). This came about to kerb a problem the Western Australian politicians and police found with what is known as 'street drinking', or drinking in public areas.
Queensland is one state that has seen controversial laws passed to make it possible to be charged with drink driving, even if you aren't in the car. There have been cases before the Queensland courts where people have been convicted of drink driving as they have slept in the back seat.
The issue is these people had the car keys on their person or easily to hand in the car, which fulfils the state's requirement for being 'in charge' of the vehicle, and then open to being charged with drink driving even though they had no intention of commanding the vehicle in that state.
Legal experts from Queensland recommend handing the keys away to someone else and not entering the vehicle, even if you are only waiting for someone to pick you up, to avoid any issues with being found to be "in charge" of your vehicle.
Confusingly, the issue of drinking alcohol in a parked car can be split between road laws and local council laws. This comes depending on the council zoning as there are many places in Australia listed as alcohol-free zones, where it is illegal to consume alcohol in any form.
So, while it is not strictly illegal to drink in a parked car in NSW, Victoria, South Australia or other Aussie states, you need to double-check that you're not in an alcohol-free zone.
You can read more about Western Australia's regulations here. For more information on Queensland's drinking laws and how the Liquor Control Act works, visit this link.
This article is not intended as legal advice. You should check with your local road authority to verify the information written here is suitable to your situation before driving in this manner.
Comments