drinking whilst driving

[CiderMonkey]

this is purely a 'what if ' question..!

if (in the uk) there are two of you in the car and the passenger has a can of alcoholic drink and the driver has a mouthful of that drink....if the police see this can you get charged for drink driving?

I would think not, as one mouthful would not put you anywhere near over the limit...but then you ARE having an alcoholic drink whilst driving a car. Could you only get charged if you are over the limit on a breath test.

I have heard though, that in some places in America it is illegal to even have an opened alcoholic beverage in the car.

[Buenchico]

There have been several cases where successful prosecutions have been brought against drivers for eating a Mars bar, or drinking a can of Coke, while driving. So seeing a driver taking a drink from a can (even if was a soft drink) would entitle the police to stop the driver, and to breathalyse him, due to him having committed a moving traffic offence.

Although people often talk about the offence of 'drinking and driving', the actual wording of the law refers to 'driving while under the influence of alcohol or drugs'. Clearly, in the case you describe, the driver would not be 'under the influence' (as recorded by the breathalyser) and no arrest or prosecution could follow. (Except, of course, that the driver would probably still be prosecuted for 'driving without due care and attention' or whatever other charge the police, together with the Crown Prosecution Service, deemed to be appropriate).

Chris

[munchie63]

you'd get stopped and breathalysed, as the police would be suspicious.
the charge would be undue care and attention though, not 'drink driving'.
It's the kind of charge used for people who use phones, apply make up etc while 'driving'.

[Hapus]

Before I really start this, I'd just like to say that I in NO WAY condone drink driving, nor have I ever driven under the influence.
However, I do have a bit of an issue with the way drink driving is singled out to be the most terrible thing in terms of driving - but what about the people that cause accidents when totally sober. I remember the campaign years ago that stated 25% of all accidents are caused by DRINK DRIVING. But all that said to me was that 75% of accidents were caused by sober people!! Hello!
I know this sounds like a stupid thing, but it has always bugged me that drink driving is such an easy target. I also know that I'm going to receive a whole heap of flames for this.