Yes, generally, you can drink non-alcoholic (NA) beer in a car in most places in the United States. This is because non-alcoholic beverage laws and Open container laws state that drinks must usually have a certain amount of alcohol to be against the rules when open in a vehicle. Non-alcoholic beer typically has very little alcohol, usually 0.5% alcohol by volume (ABV) or less, which is below the legal alcohol limit non-alcoholic beer laws care about for open containers in cars.
Image Source: www.onefortheroadbrewery.com
What is NA Beer?
First, let’s talk about what non-alcoholic beer is. It looks like regular beer. It often tastes like regular beer. But it is made in a way that removes most of the alcohol.
The Alcohol Content of NA Beer
Most NA beer has an alcohol content NA beer legal definition of 0.5% ABV or less. The law usually sees this amount as not alcoholic enough to be an ‘alcoholic beverage’. This small amount is similar to what you might find in ripe fruit juice or certain types of bread. It is not enough to make you drunk. It is not enough to affect your driving ability.
How is it Different from Real Beer?
Real beer has much more alcohol. Regular beer usually has around 4% to 6% ABV. Some beers have even more. Laws about drinking and driving or having open containers in a car are made for these drinks with higher alcohol levels.
Grasping Open Container Laws
Laws about open containers in cars are important. They are in place to help stop drunk driving. They make it illegal to have an open container of alcohol in the car. This is true for the driver and sometimes for passengers too.
What Open Container Laws Usually Cover
Open container laws state that you cannot have any container of an alcoholic beverage that is open. This means the seal is broken. It means you can drink from it. The container could be a bottle, can, or flask. These laws are usually for drinks that the state sees as ‘alcoholic beverages’.
Where These Laws Apply
These laws apply inside a car. This is true when the car is on a public road. It can also be true on public property like parking lots. The specific rules can change from one state to another.
Is NA Beer an Alcoholic Drink Legally?
This is the key question. Is NA beer an alcoholic beverage legally? In most places, the answer is no.
Laws often define an ‘alcoholic beverage’ as a drink with more than a certain amount of alcohol. This amount is usually much higher than 0.5% ABV. It might be 3.2%, 4%, or even higher.
Because NA beer is below this limit, it is often not seen as an ‘alcoholic beverage’ by these laws. This means open container laws that ban ‘alcoholic beverages’ do not usually apply to NA beer.
The Legal Alcohol Limit
The legal alcohol limit non-alcoholic beer usually falls under is the point where a drink is NOT called an ‘alcoholic beverage’ by the law. This limit is different from the limit for drunk driving (like 0.08% blood alcohol content). It is about the drink itself. For open container rules, if a drink is under this limit (like 0.5% for most NA beer), it is usually treated like soda or juice.
Drinking NA Beer While Driving
Now let’s think about the act of drinking NA beer in a car.
When You Are the Driver
If you are driving, you need to focus on the road. You should not be distracted. While drinking NA beer itself is likely legal, holding a can or bottle and drinking from it can still be a distraction. It is like eating food or drinking coffee while driving. It is usually allowed, but it can take your eyes and hands away from driving. Police could stop you if they think you are not paying attention.
The good news is that since NA beer has almost no alcohol, there are no DUI risks non-alcoholic beer can cause from the drink itself. You will not get a DUI from drinking NA beer.
When You Are a Passenger
Can passenger drink non-alcoholic beer car? Yes, in most cases, a passenger can drink NA beer in a car. Open container laws are usually focused on preventing drunk driving. A passenger is not driving. Also, as we said, NA beer is usually not seen as an ‘alcoholic beverage’ under these laws anyway. So, a passenger drinking NA beer is almost always allowed.
Having an Open Can in the Car
What about just having an open can or bottle of NA beer in the car? You are not drinking it right now, but it is open.
Transporting Open Container NA Beer
This is about transporting open container NA beer. Since NA beer is typically not defined as an ‘alcoholic beverage’ by law, having an open container of it is usually not a problem under open container laws. You can have an open can of soda, juice, or water in your car. NA beer is usually treated the same way.
However, there is a ‘but’. It looks just like real beer. If a police officer sees an open can of NA beer, they might think it is regular beer. This could lead to them stopping you. They might ask questions. They might want to check if it is really non-alcoholic. This is a hassle, even if you are not doing anything wrong.
State Laws Can Differ
It is very important to remember that laws can be different in different states. State laws non-alcoholic drinks vehicle rules might have small differences.
Most states follow the general rule: drinks under a certain low alcohol percentage (like 0.5% ABV) are not ‘alcoholic beverages’ for open container rules.
But some states might have laws that are written differently. They might have slightly different definitions. They might have other rules about drinks in cars. While it is very unlikely, it is always best to know the specific laws in the state you are in. You can often find this information on the state’s Department of Motor Vehicles (DMV) or state police website.
A general search for “[State Name] open container laws” or “[State Name] non-alcoholic beverage laws” might give you information. Look for the part that defines what an ‘alcoholic beverage’ is under that specific law.
Why Police Might Stop You Anyway
Even if it is legal, police might stop you if they see you with an open can or bottle that looks like beer.
The Look-Alike Problem
NA beer packaging looks just like regular beer. This is the main reason for possible trouble. An officer sees someone drinking from or holding a beer can or bottle in a car. They might think, “That person is breaking the open container law” or “That person might be drunk driving.”
They have a right to stop you and check. They might ask to see the can. They will look at the label to see if it says “Non-Alcoholic” and check the ABV.
Avoiding Problems
To avoid this hassle, some people choose not to drink NA beer in the car, even if it is legal.
- Use a different cup: Pour the NA beer into a coffee cup or a travel mug. This way, it does not look like beer.
- Keep the container low: If you do drink from the can or bottle, try to keep it out of sight from outside the car.
- Be ready to explain: If you are stopped, stay calm. Explain that you are drinking non-alcoholic beer. Show the officer the label on the can or bottle clearly states it is NA and has very low ABV.
Remember, police officers are trying to keep roads safe. They are looking for people breaking drunk driving laws. Seeing something that looks like alcohol is a reason for them to check. Your cooperation and clear explanation can help the situation.
Drinking in Public and in Cars
Sometimes people confuse rules about drinking in public with rules about drinking in cars. Drinking in public car laws might sound like they cover any public area, including roads. However, laws that ban drinking in public (like on sidewalks, in parks, etc.) are often separate from laws about open containers in cars.
Laws about drinking in public also usually specify ‘alcoholic beverages’. Again, if NA beer is not legally an ‘alcoholic beverage’, these public drinking laws typically do not apply to it either. But, just like the open container rule, drinking something that looks like alcohol in public could still draw unwanted attention.
No Real DUI Risk from NA Beer
It is worth saying again: there are no DUI risks non-alcoholic beer creates by itself. Drinking NA beer will not make you fail a breathalyzer or blood test for alcohol at the levels that cause a DUI. The amount of alcohol is too small.
The only risk comes from the confusion it might cause with law enforcement. They might suspect you are drinking alcohol. But once they confirm it is non-alcoholic beer, there is no legal basis for a DUI based on consuming that drink.
If you are stopped and suspected of DUI, and you have been drinking NA beer, make sure you tell the officer it is non-alcoholic beer and show them the proof. If you have had any real alcohol, even a small amount hours before, that’s a different situation, but the NA beer itself does not add to your blood alcohol content in any meaningful way.
Deciphering Alcohol Content Rules
Let’s look closer at how alcohol content matters in laws.
Laws set definitions. These definitions decide what a drink is called legally.
- Alcoholic Beverage: Usually defined as a drink with more than a certain percentage of alcohol. This is the type of drink open container laws ban in cars.
- Non-Alcoholic: Often means having a very low percentage of alcohol, typically 0.5% ABV or less. These drinks are usually not covered by alcohol laws, including open container laws.
- Low-Alcohol: Some states might have rules for drinks that are more than 0.5% but still low, maybe up to 3.2%. Rules for these drinks can vary more. However, most drinks labeled simply “Non-Alcoholic” in stores are 0.5% or less.
The fact that typical NA beer falls into the “Non-Alcoholic” group under the alcohol content NA beer legal definition is why it is generally legal to drink in a car.
Table: General Rules vs. Practical Issues
Here is a simple table summarizing the difference between the strict legal rule and the practical side of drinking NA beer in a car.
| Topic | Legal Rule (Generally) | Practical Issue |
|---|---|---|
| Drinking While Driving | Allowed (if not an ‘alcoholic beverage’ by law) | Can be distracting; looks like drinking real beer. |
| Passenger Drinking | Allowed (if not an ‘alcoholic beverage’ by law) | Still looks like drinking real beer in the car. |
| Open Container in Car | Allowed (if not an ‘alcoholic beverage’ by law) | Looks like an open container of real beer; can cause police stops. |
| DUI Risk | None from the NA beer itself (alcohol level too low) | Risk of being stopped and checked due to suspicion. |
| Law Definition | NA beer (0.5% ABV or less) is usually not an ‘alcoholic beverage’ under law. | The packaging is the same as real beer. |
| State Differences | Most states follow the 0.5% rule for NA beer. | Always a small chance a state law is different or confusingly written. |
| Public Drinking Laws | Usually do not apply to NA beer (as it’s not an ‘alcoholic beverage’ legally). | Drinking anything that looks like alcohol in public can draw attention. |
| Transporting NA Beer | Transporting open container NA beer is generally allowed like any other drink. | The visual appearance can lead to questions. |
Wrapping Up the Rules
In simple terms, because most laws define ‘alcoholic beverages’ at a higher alcohol level than non-alcoholic beer contains, having or drinking NA beer in a car is usually fine by the law. This applies to both drivers (though distraction is a risk) and passengers. Can passenger drink non-alcoholic beer car? Yes, very likely. Transporting open container NA beer is also typically allowed.
The main challenge is how it looks. An open can that looks like beer might cause police to stop you. They have to check to make sure you are not breaking the law. Knowing the difference between NA beer and regular beer is key here. Showing the officer the label is important if you are stopped.
While Open container laws state specific rules for real alcohol, and non-alcoholic beverage laws usually leave NA beer alone, staying informed about your local state laws non-alcoholic drinks vehicle rules is wise, just in case there is something unusual.
But rest easy knowing that the alcohol content NA beer legal definition places it outside the scope of typical open container and DUI laws. There are no DUI risks non-alcoholic beer poses.
This means you can enjoy an NA beer in your car without breaking the law in almost all cases, as long as you are not driving badly because you are distracted.
Questions People Ask
Here are answers to some common questions about this topic.
Is it legal to drink NA beer in the car in every state?
It is legal in most states. Laws about drinks in cars usually apply only to ‘alcoholic beverages’ which have more than a very small amount of alcohol (usually more than 0.5% ABV). Since NA beer has less than this, it is usually not covered by these laws. However, it is always best to know the specific laws for the state you are in, just in case.
Can I get a DUI from drinking NA beer?
No. The amount of alcohol in non-alcoholic beer (0.5% ABV or less) is too small to cause a DUI. You would have to drink an impossible amount very quickly to raise your blood alcohol content to the legal limit for driving.
Will police stop me if they see me drinking NA beer in my car?
They might. The cans and bottles look just like regular beer. An officer might see it and think you are drinking real alcohol, which is against the law in a car with an open container. They might stop you to check what you are drinking.
What should I do if a police officer stops me because they think I am drinking alcohol, but I am drinking NA beer?
Stay calm and polite. Explain that you are drinking non-alcoholic beer. Show the officer the can or bottle label that says “Non-Alcoholic” and shows the low ABV (like 0.5%). They can usually check this quickly and understand.
Do open container laws cover drinks that are 3.2% alcohol?
Maybe. Some states have special laws for drinks with 3.2% alcohol. Some open container laws might cover them, while others might have a higher threshold. Non-alcoholic beer (0.5%) is almost always below any limit that would cause an issue under these laws.
Is it okay for the driver to drink NA beer while driving?
Yes, usually it is legal because NA beer is not an ‘alcoholic beverage’ under the law. But it can be a distraction. Holding a drink and drinking it takes some attention away from driving. It is safer to drink when you are stopped.
Is it okay for a passenger to drink NA beer while in the car?
Yes, definitely. Passengers are not driving, and NA beer is not usually an ‘alcoholic beverage’ covered by open container laws. There is almost no legal problem with a passenger drinking NA beer in a car.
Can I transport an open bottle of NA beer in my car?
Yes, usually. Since NA beer is not an ‘alcoholic beverage’ under the law, having an open container of it is usually treated like having an open container of soda or juice. However, the look of the container might cause police to stop you to check.
Are there any drinking in public car laws that would ban NA beer?
No, generally not. Laws against drinking in public or having open containers in cars usually apply only to ‘alcoholic beverages’. Since NA beer is not legally an ‘alcoholic beverage’ in most places, these laws do not cover it.
Where can I find out about my state’s specific laws on this?
You can check your state’s Department of Motor Vehicles (DMV) website, the state police website, or search online for your state’s traffic laws or open container laws. Look for the legal definition of “alcoholic beverage” within those specific laws. This is what matters most for NA beer.