Random question
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Category: General Chat
Forum Name: General Chat
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URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=11302
Printed Date: 10 October 2025 at 11:50am
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Topic: Random question
Posted By: Brenna
Subject: Random question
Date Posted: 06 October 2007 at 9:22pm
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Is it illegal to drink alcohol at the same time as driving?? (In the situation being that the driver is sober and it's their first drink)
DH and I were talking about this while driving home from the supermarket. Neither of us know the answer but his theory is that if you're not drunk then it's not illegal cause you're not over the limit. I think it is illegal - does anyone know? P.S - just incase anyone's freaking out picturing my DH driving along drinking with a baby in the back then don't worry. He'd never do this, it was just a random conversation that come up  -------------  My beautiful 2 girls...nearly 4 and 13 months
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Replies:
Posted By: SMoody
Date Posted: 06 October 2007 at 9:28pm
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I think they can say that it is illegal in the sense that your attention is away from the road or something. Dont know as such. maybe someone else has the answer. ------------- http://lilypie.com"> 
http://lilypie.com"> 
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Posted By: Helen21
Date Posted: 06 October 2007 at 9:32pm
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I'm not too sure but if you have just had you 1st mouthful of alcohol and got breath tested then the reading would be over the limit because of the vapours.
We had on of the home breath testers and I blew 999(as high as it would read) after having half a glass of wine. ------------- http://lilypie.com"> 
Chloe 12/7/03 Miya 5/11/05 |
Posted By: Maya
Date Posted: 06 October 2007 at 9:39pm
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I'm reasonably sure it's illegal to have an open container of alcohol in the car, even if it's someone else drinking it, I remember there being a whole stink about how stupid the law was when it was first changed, but I'm pretty sure they don't police it too strictly. ------------- Maya Grace (28/02/03)
 (02/01/06)
The Gremlins:Sienna Marie & Mercedes Kailah (14/10/06)
Lil miss:Chiara Louise Chloe (09/07/08)
Her ladyship:Rosalia Sophie Anais (18/06/12)
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Posted By: busymum
Date Posted: 06 October 2007 at 9:42pm
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I didn't think it was illegal, and if your EBA (excess breach alcohol) reading was high you could just opt for the blood test anyway. But.... I wouldn't be surprised if, if they noticed what you were holding/drinking, they pulled you up to check lol.
Also I know they are pushing to outlaw cell phone use and drinks in cars but that hasn't been done at this stage. ------------- |
Posted By: Maya
Date Posted: 06 October 2007 at 9:49pm
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It's illegal to use a hand held cell phone in some Aus states.
If you fail the handheld breath test they make you do an evidential breath test which is using a special machine that measures the amount of alcohol in your breath. If you fail that then you can choose to have a blood test, or you can choose to skip the evidential breath test and go straight for a blood test. ------------- Maya Grace (28/02/03)
(02/01/06)
The Gremlins:Sienna Marie & Mercedes Kailah (14/10/06)
Lil miss:Chiara Louise Chloe (09/07/08)
Her ladyship:Rosalia Sophie Anais (18/06/12)
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Posted By: fattartsrock
Date Posted: 06 October 2007 at 9:53pm
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if you are in a place with a ban on alcohol in the town centre, eg beln vegas, I know its illegal fo ranone to have open alcohol in the car, but then again, I'm pretty sure it is illegal anyhow.
------------- The Honest Un PC Parent of 2, usually stuck in the naughty corner! :P |
Posted By: Rachael21
Date Posted: 07 October 2007 at 2:50pm
| I don't think it is unless there is a ban. I don't see it any different as opening a can of coke and drinking it (Only if its you first drink tho) |
Posted By: aimeejoy
Date Posted: 07 October 2007 at 3:54pm
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I am pretty sure that it is illegal to have open alcohol in a vehicle, even if its not the drivers, and no-one is even actually drinking it. ------------- Aimee Hannah 22/10/05 Greer 11/02/08 |
Posted By: nikkitheknitter
Date Posted: 07 October 2007 at 4:08pm
| I thought the same as Aimee, Emma and Annie. Open alcohol bottle/can in car = illegal. |
Posted By: pepsi
Date Posted: 07 October 2007 at 8:14pm
| I thought the whole "illegal to have an open bottle of alcohol in the vehicle" thing was in the States? Not sure if that specifically is illegal in NZ? Although drinking in public places, and driving under the influence is of course... |
Posted By: Rachael21
Date Posted: 07 October 2007 at 9:24pm
| yeah I'm not sure if it is. We have been pulled over a few times and not been asked to tip it out. In a ban area you usually just get asked to pour it out. I could be wrong tho Rangiora cops are pretty slack. |