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Is it illegal to drink something non-alcoholic while driving?

Safety Is it illegal Police Urban Hacks
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There are no laws against sipping a can of soft drink, or enjoying an iced iced coffee, while cruising down the freeway.
Iain Kelly
Contributing Journalist
22 May 2018
2 min read

The answer is no, but laws of good taste should deem drinking horrible stuff like sarsaparilla illegal at any time. Unfortunately it is not illegal to drink a non-alcoholic beverage while driving, so my hatred of sarsaparilla must go unpunished.

While it is definitely illegal to have an open container of alcohol in your car, or to be drinking an alcoholic beverage while driving, there are no laws against sipping a can of soft drink, or enjoying an iced iced coffee, while cruising down the freeway.

It always pays to leave the lids on hot drinks, and ensure they are securely fastened in cupholders to prevent being scalded by them. More than one crash has also occurred thanks to someone trying to cradle a hot drink between their legs (which is illegal) and drive.

You should always remember to keep drinks within easy reach so you don't have to look away from the road to reach it, which could lead to disastrous distraction. Having them securely located in cupholders will also stop drinks from rolling around.

It is important to secure large bottles of a litre or more, as these items can become lethal projectiles in a sudden stop or crash. The average litre bottle of water weighs 1kg, which is enough to kill a human if it hits the wrong part of your head as it flies through the air.

If the police feel you are not in full control of your vehicle then you can still be fined if they see you, or if you drinking something is found to have been a cause of or contributing factor to a crash.

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.

​Are you a morning coffee commuting driver? Tell us in the comments below.

Iain Kelly
Contributing Journalist
A love of classic American and European cars drove Iain Kelly to motoring journalism straight out of high school, via the ownership of a tired 1975 HJ Holden Monaro.  For nearly 20 years he has worked on magazines and websites catering to modified late model high-performance Japanese and European tuner cars, as well as traditional hot rods, muscle cars and street machines. Some of these titles include Auto Salon, LSX Tuner, MOTOR, Forged, Freestyle Rides, Roadkill, SPEED, and Street Machine. He counts his trip to the USA to help build Mighty Car Mods’ “Subarute” along with co-authoring their recent book, The Cars of Mighty Car Mods, among his career highlights.  Iain lends his expertise to CarsGuide for a variety of advice projects, along with legitimising his automotive obsession with regular OverSteer contributions. Although his practical skills working on cars is nearly all self-taught, he still loves nothing more than spending quality time in the shed working on his project car, a 1964 Pontiac. He also admits to also having an addiction to E30 BMWs and Subaru Liberty RS Turbos, both of which he has had multiple examples of. With car choices like that, at least his mum thinks he is cool.
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