Can You Drink Non-Alcoholic Beer While Driving?

Non-alcoholic beer that does not contain any substances to impair a person is legal to consume while driving. Should you be found drinking a non-alcoholic beverage while driving, this is not something you can be charged with a DUI for. In this respect, it is no different from consuming a high-sugar beverage or a beverage containing caffeine, as long as what is being consumed causes no impairment.

As Ontario defence lawyers for DUI charges, we sometimes receive this question and want to explore it further.

However, you should be aware the new mandatory alcohol screening (MAS) powers the police have may result in a police officer demanding you provide a sample of your breath into an Approved Screening Device (ASD) even if you’re drinking a non-alcoholic beer while driving simply off the beer-like odour coming from your breath.

 

Legal Definition Of Non-Alcoholic Beer

According to Ontario’s Liquor Licence and Control Act, 2019, a non-alcoholic beer is a beverage with an alcohol content of less than 0.5% alcohol by volume (ABV).

This is to account for the likelihood that some non-alcoholic beers may contain trace amounts of alcohol, depending on their manufacturing processes. The type of alcohol in beer, however, comes from fermenting malted barley. In the process of making alcohol-free beers, there is no fermenting and therefore no alcohol present.

Compare this to low-alcohol beer (or “near-beer”) which contain 1.2% ABV or less and regular conventional beers’ average strength of 4.4% ABV.

 

Why It’s Legal To Drink Non-Alcoholic Beer While Driving

In Ontario, you are permitted to drink non-alcoholic beer while driving. It is legal. Non-alcoholic beer is not subject to the same legal restrictions as alcoholic beverages.

Alcohol Content

The alcohol content of non-alcoholic beer will never amount to such a high figure that you fail a breathalyzer.

Open Container Laws Do Not Apply

Ontario’s open container laws as defined under the Highway Traffic Act do not apply to non-alcoholic beverages.

Any Unsafe Driving Is A Risk

While non-alcoholic beverages are unlikely to impair you, any form of erratic or unsafe driving can still result in penalties.

 

DUIs, Impaired Driving, And Non-Alcoholic Drinking With Driving

To receive a DUI in Ontario, you must be demonstrating signs of impaired driving.

A DUI, or Impaired Driving, results when somebody’s ability to operate a conveyance (usually a motor vehicle) is impaired, by any degree, by their consumption of alcohol, drug, or a combination of both.  An Over 80 or 80+ results after a person who is suspected to have alcohol in their system provides breath samples at the police station and the results are equal to or above 80mg of alcohol per 100ml of blood.

There is an additional and little known offence surrounding the amount of prescription of non-prescription drugs a person is allowed to have in their system while they operate a conveyance (motor vehicle).  For some drugs, like cannabis, there is some tolerance permitted much like alcohol.  However, with other drugs, like cocaine or psilocybin (magic mushrooms) you are not permitted to have any detectable level in your blood.  Here is a full list of the Blood Alcohol and Blood Drug Concentration Regulations.

A person drinking alcohol-free beer will never get near the BAC reading required to charge someone with a DUI. In fact, it would take the average person to drink 20 alcohol-free beers to match the blood alcohol concentration you receive from a single alcoholic beer.

 

Legal Considerations When Drinking Non-Alcoholic Beer In A Vehicle

A driver who consumes non-alcoholic beer while driving or before driving should be aware of these legal considerations.

 

Perception Is You Are Consuming Alcohol

The perception of any police officer will be that you are consuming an alcoholic beverage based on the appearance of the non-alcoholic beverage bottle or can.

This could lead to you being stopped and questioned, interrupting your driving and delaying your travel. If you have a first or second DUI conviction in Ontario to your name, you may be nervous drinking non-alcoholic beer but you don’t have to be. It is legal.

 

Roadside Alcohol Screening Tests

Police officers may request that you submit to an ASD or roadside breath test designed to detect alcohol in a driver’s system. In rare cases, consuming multiple non-alcoholic beers in quick succession could produce a small reading on a highly sensitive device.

In addition, if you are a driver and you refuse to take part in a roadside test, you may be charged for failure to comply. The penalties are similar to if you were Driving Under the Influence.

 

You Don’t Need A Breath Test To Be Charged With A DUI

A driver can be charged with impaired driving without a BAC test if they exhibit erratic driving behaviour coupled with some indication of impairment, such as the odour of alcohol or slurred speech.

The specific driving behaviours that suggest impairment include swerving in traffic to correct course, failing to use the proper lane, nearly hitting a pedestrian or object, turning too widely or narrowly, erratically pressing the brakes, allowing your vehicle to drift into oncoming traffic, performing a rolling stop, and driving too slowly.

 

Zero Tolerance For Novice And Commercial Drivers

Ontario maintains a zero-tolerance policy for novice drivers (G1, G2) and commercial drivers. A driver in either of these categories are not allowed to have any alcohol in their system while operating a vehicle.

While non-alcoholic beer is unlikely to yield a measurable blood alcohol concentration result, exercise extreme caution.

 

Best Practices For Drinking Non-Alcoholic Beer While Driving

To minimize any misunderstandings or legal complications relating to drinking non-alcoholic beer, here are some best practices to follow.

• Stay Calm And Police If Stopped: Do not antagonize police or be disruptive. Stay calm and relaxed if you are stopped while drinking a non-alcoholic beer.
• Keep Packaging Visible: Ensure there is a label indicating that your beer is non-alcoholic. This label should be clearly visible and be easily read by a police officer. Provide them with your beverage bottle or can when asked.
• Drive Responsibly: Erratic driving behaviour may attract police attention and put others in harm’s way.
• Limit Consumption: It’s recommended to stick to no more than two non-alcoholic beers to avoid the chance of a false positive on a roadside screening device.
• Know Your Rights: It is your right in Ontario to drink non-alcoholic beer while driving. You are legally allowed. However, comply with all police instructions if stopped without over-explaining or answering questions that you are not legally required to answer.

 

What To Do If You Are Pulled Over By Ontario Police

You have rights and freedoms that we at Kruse Law know well. If you have had an encounter with Ontario police that does not sit well with you or that resulted in an impaired driving charge, contact a legal professional at Kruse Law for assistance.

If you are pulled over by a police officer, it’s key to understand that the police in Ontario have a right to stop anyone.

You are legally required to provide your name, driver’s license, vehicle registration, and insurance. Beyond that, however, you have the right to remain silent and not answer any questions that an officer may ask.

You also have a right to privacy. Police cannot search your vehicle without a warrant, your consent, or the reasonable belief that you or the vehicle contains evidence of a crime. That said, if the police suspect a DUI and have pulled you over for such a criminal offence, they can typically find a reasonable reason that would be accepted by the courts to search your vehicle.

You have the right to legal representation before answering any questions. Contact Kruse Law if you’re being charged or harassed by police based on the assumption you may be impaired.

 

Use Caution To Avoid Misunderstandings And Contact Kruse Law For Legal Assistance

Misunderstandings with law enforcement are likely even though you are legally allowed to drink non-alcoholic beer while driving. A driver should always use caution when consuming non-alcoholic beverages, however, rest assured that you can enjoy your beverage without fear of penalties.

Should you need legal assistance in handling any issue relating to drinking non-alcoholic beer while driving, contact Kruse Law for a free consultation.

 

Frequently Asked Questions

Can I be charged for careless driving due to drinking non-alcoholic beer?

While you do not have to worry about a DUI charge when drinking non-alcoholic beer, any drinking or eating while driving may result in distracted driving, delayed reaction time, and an increase in the risk of an accident. That said, the threshold for a careless driving charge is high and you are unlikely to meet it without having caused a significant accident or other factors being present.

What should I expect from a police officer when being pulled over?

A police officer will most likely assume you are drinking and driving based on the appearance of the non-alcoholic beer. This can make a lot of people feel anxious, frightened, or annoyed when it comes to the risk of being pulled over. While there is technically nothing wrong with drinking a non-alcoholic beverage while driving, most drivers may feel more comfortable waiting until they are home to crack open a bottle or can.

What if my non-alcoholic beer contained alcohol?

A non-alcoholic beer sold in Canada should not contain any alcohol, however, imports and non-alcoholic beverages sourced from non-Canadian sources may not have the same standard. If your non-alcoholic beer contained alcohol and you are driving impaired, you can be charged for a DUI based on breathalyzer results. If this occurs, contact a lawyer at Kruse Law as soon as possible for a free consultation.

What do I do if charged with a DUI on non-alcoholic beer?

Should a police stop result in DUI charges, do not wait. Contact Kruse Law. A free consultation with a DUI lawyer will carefully examine your case and advise you on how to defend against an impaired driving charge. For someone who was exclusively drinking non-alcoholic beer, you should not have been charged with a DUI. Let us help take the next steps to ensure your rights are enforced and protected.