In South Australia there is no law prohibiting the presence of an open alcoholic beverage in the car while driving. A bill was proposed in 2010 but it never passed (See 1 in Appendix). Western Australia similarly has no laws prohibiting this.
Queensland and Victoria have similar laws under which neither drivers or a person supervising a learner may consume alcohol while driving. The laws in Victoria extend not only to drivers but also people who are in charge of a vehicle. This means that although you may be allowed to drink alcohol in your car while stationary in Queensland, you would be breaking the law if you did this in Victoria as you would be deemed “in charge” of the vehicle at the time.
In New South Wales all drivers are prevented from drinking alcohol while driving. Unlike Queensland and Victoria however, it does not make any mention of passengers also being restricted from drinking even when supervising a Learner driver.
Tasmania completely forbids the consumption of alcohol by anyone in the car, including passengers.
Appendix
1.
Part 2—Amendment of Road Traffic Act 1961
13—Insertion of section 84 After section 83A insert:
84—Consumption of liquor while driving
(1) A person must not consume liquor while driving a vehicle or attempting to put a vehicle in motion. Maximum penalty: $2,500.
(2) In proceedings for an offence against this section, an allegation in a 15 complaint that a substance referred to in the complaint was liquor must be accepted as proved in the absence of proof to the contrary.
(3) In this section— liquor has the same meaning as in the Liquor Licensing Act 1997 (and includes, to avoid doubt, a substance declared by regulations 20 made under that Act to be liquor for the purposes of that Act)
Open Container Laws South Australia FAQ’s
1. Is it illegal to drink alcohol while driving in South Australia if I stay under 0.05 BAC?
Yes. Although South Australia has no open-container law, the moment you take a sip you risk exceeding the 0.05 BAC limit (0.00 for L & P drivers) and can be charged with drink driving if breath-tested soon after. Police also have broad powers to allege driving without due care if your control is affected.
2. Can passengers drink alcohol in a moving car in South Australia?
It’s not an offence for passengers to consume alcohol in SA. The driver, however, must remain under the legal BAC and in proper control of the vehicle. By contrast, Tasmania bans anyone in the car from drinking.
3. What about the supervising driver of a learner – can they have a beer?
No. A supervising driver must maintain 0.00 BAC and must not drink while supervising, even though open containers are otherwise legal for passengers.
4. Does having an open bottle or can increase my penalty if I’m over 0.05 BAC?
It doesn’t create a separate offence in South Australia, but it is possible that it would be treated as an aggravating factor when the court sets fines or disqualification periods for drink-driving.
5. What are the drink-driving penalties in South Australia right now?
- 0.05 – 0.079 BAC (first offence): $900–$1,300 fine, 6 demerit points, up to 6-month disqualification.
- 0.08 – 0.149 BAC: immediate 6-month loss of licence.
- 0.15 BAC or more: immediate 12-month loss, mandatory alcohol-interlock on relicensing, and possible jail for repeat offenders
6. Does a drink-driving conviction give me a criminal record in South Australia?
Yes. Exceeding 0.05 BAC is an offence under the Road Traffic Act 1961 and is recorded by police. Our Adelaide drink driving lawyers can help navigate these charges.
8. Is it legal to sleep in my car after drinking?
If the keys are in the ignition or you’re sitting in the driver’s seat, police can still charge you with driving or attempting to drive while under the influence. Move to the back seat, turn the engine off and put the keys out of reach to avoid any possible confusion.
9. Do Uber, rideshare or limo passengers have different rules for open alcohol?
Licensed charter vehicles may allow passengers to consume alcohol only if the operator holds a liquor-licence exemption and no glass is used. The driver must remain at 0.00 BAC.
11. Can police search my vehicle if they see me with an open container?
If police reasonably suspect drink-driving or other offences, they may search the vehicle or direct you to provide a breath test. Refusing a breath test carries significant penalties so it is always best to comply with police direction.
