Is it illegal to eat or drink while driving?
Making a dash to work to meet a deadlines, or on the school drop off and need to eat on the run? Finding you need to recharge your body while you drive is all too common with today's busy life demands, but some may find themselves asking, “Is it illegal to eat and drive,” or for that matter, “Is it illegal to drink and drive”?
It hardly needs to be said that it is not legal to drink alcohol while driving (whether you’re under the limit or not) – but what about other drinks? And with drive-through fast food joints dotted throughout suburbia – surely that means it is ok to eat and drive?
While there are no specific road rules in Australian states that prohibit eating behind the wheel, drivers can still be slapped with hefty fines if doing so affects their ability to concentrate while driving or control of the vehicle.
In NSW, driver distraction is broadly covered under NSW Road Rule 297(1) which is a general road rule that states “a driver must not drive a vehicle unless the driver has proper control of the vehicle.” This is the same law that rules out having a pet on your lap while driving.
If eating or drinking while driving interferes with a driver’s control of the vehicle, the driver may be committing an offence depending on the circumstances.
So, go for that salad sandwich rather than the triple-decker burger (your heart will thank you for it too!). By choosing a one-handed snack, you are more likely to avoid a $464 fine and three demerit points and that skyrockets to a $581 fine and four demerit points if the offence is committed in a school zone.
In extreme cases, drivers can also be charged with negligent driving if snacking distracts them and results in a crash. If it goes to court, the fine could balloon to a maximum of $2200.
As well as the dangers of driving under the influence, NSW Road Rule 298 (1) states that a driver must not consume alcohol while driving. This would apply regardless of whether the driver is under the limit.
From 2020 to April 2025, 729 people have been charged for drinking alcohol while driving, pulling in more than $260,000 in fines to the public purse.
The only specific fines for eating or drinking are in regard to doing so on public transport. It's not a widespread problem though – only eleven people have been fined for these reasons from 2019 to 2024, to the tune of $1900, according to the Revenue NSW’s fines dashboard.
In contrast, drinking alcohol on public transport has caught the eye of the authorities far more – more than 5000 people were fined for drinking on public transport or in local areas, bringing in a little more than $2 million in fines in the same period.
Ways to avoid being fined for drinking or eating while driving
Very simply - choose a food that you can safely handle with one hand that doesn’t distract you while driving.
Think twice about eating out of a packet (say, your favourite salt and vinegar chips) if it means you are digging around for that perfect crisp.
Keep your keep cup or takeaway coffee in the cupholder on the console when not drinking. Don’t risk spilling your (coffee) beans along with your demerit points!
It shouldn’t be rocket science, but for some people it apparently is. It's hard to believe but several people have been charged for eating cereal out of a bowl while driving – seriously!
In summary, don’t be a cereal offender when it comes to drinking or eating while driving a car. It comes down to common sense – if you can still drive safely, by all means go ahead and snack. If you can't – consider stopping for a snack and to quench that thirst instead.
