Alcohol in the Car

I recently was asked about what the law requires of you when carrying alcohol in the car.  I spoke to a friend of mine who is an O.P.P. officer, and he helped me with the answer.

Everyone knows that you cant drive when you are impaired or your blood alcohol level is above .08.  We all assume that it is illegal to drink in a car.  Heres why:

The Ontario Liquor Licence Act prohibits you from operating or having care and control of a motor vehicle, a motorized snow vehicle or a boat while there is liquor in the vehicle.

There is an exception.  If the liquor is in an unopened container, with the seal unbroken, it is legal to carry the alcohol in the vehicle.  That means that when you drive home from the liquor store, it is legal to have the alcohol in the car with you, as you buy it with a seal on it.

What about when you take some alcohol to a friends house, or to the cottage?  You can take alcohol with you, but what if you want take that half-full bottle of whiskey?

Well, there is another exception to the law.  The liquor does not have to be unopened and sealed if it is packed in baggage that is fastened closed or is otherwise not available to any person in the vehicle. 

It is important to remember that the driver can be charged if there is open alcohol in the car or if it is available to any person.  In other words, you cannot allow your passengers to have road pops, even if you are not having one.

Likewise, its not good enough to put the half-empty bottle of whiskey in the back seat when you go to a party, especially if there are people in the back seat.  The alcohol has to be unavailable to anyone in the car, not just the driver.

Another important point: if a police officer finds you to be in violation of the law, they have the authority to conduct a search of your vehicle.  If they find anything else in their lawful search (drugs, guns, stolen property etc.), you will then be charged for that too.

So, as a driver, you are responsible for what happens in your car.  If you allow your passengers to drink, you can be charged under the Liquor Licence Act, pay a hefty fine and maybe have your car searched.

The law also applies to a person who has care and control of a vehicle.   Care and control can mean sitting in a parked car with the keys in the ignition, even if you are in the back seat.  Best advice: dont let anyone drink in your vehicle and dont drive a vehicle that has open alcohol in it.