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Education & Reference Drinking while driving

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Oct 8, 2005
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Melbourne
AFL Club
Hawthorn
I was shocked to learn last weekend that this is apparently legal in South Australia. Pretty crazy when you think of all the hard work put in by the authorities to prevent drink driving, yet you can smash a tinny behind the wheel legally provided you don't hit 0.05. Is this the case anywhere else? I'm fairly sure its not but would be interested to hear of any anomalies in the law elsewhere.

Also, am I correct in saying that in Victoria (and perhaps some other states), passengers can legally drink alcohol in a vehicle. Again, I know this is illegal in some other states, but I've always thought it was legal here. In fact, a few years back, I was heading out with some mates when my mates car got pulled over and searched for 'drugs' - routine check apparently. Obviously we had nothing in the car. Anyway, we all had open cans inside the car and the cops said nothing. Where they just being decent blokes or were we definitely not in the wrong? Can anyone shed more light?
 
Does vary from state to state as each of their own laws. As for SA, absolutely no issues with having open alcohol or drinking behind the wheel, as long as the driver is under .05. Don't really see how this is an anomaly though. If you want to sip a beer while driving, if you aren't at .05, I don't see how you could argue the drivers driving is impaired. I regularly buy a 6 pack on the way to a party, and crack one open for the drive there. Never thought anything of it.
 

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Not so sure about Vic. I did find it surprising to learn it's legal as the OP is. I'm sure for P platers the no open containers rule applies.

But, there was a case reported on the radio once where an off duty policeman had a run-in with another driver after comments were made towards him when he (the policeman) was seen drinking beer at the wheel. The policeman pulled the other guy over and I believe booked him for something. The policeman knew he was in the right. This was in Vic a few years back.
 

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Education & Reference Drinking while driving

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