# NA Beer and Driving

**URL:** <https://boards.straightdope.com/t/na-beer-and-driving/229265>\
**Category:** Factual Questions\
**Created:** [February 15, 2004, 12:00am UTC](https://boards.straightdope.com/t/na-beer-and-driving/229265 "2004-02-15T00:00:24Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![sx633](https://avatars.discourse-cdn.com/v4/letter/s/22d042/32.png) [@sx633](https://boards.straightdope.com/u/sx633)\
**Post date:** [February 15, 2004, 12:00am UTC](https://boards.straightdope.com/t/na-beer-and-driving/229265/1 "2004-02-15T00:00:24Z")

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I don’t want to get into to the pros and cons of NA beer. Another debate. But I do want to go to the issue of drinking NA beer and driving. I did a cursory web search and found little useful info. What I did find suggests its legal. I often (very often) drink NA beer and drive. Are there any legal issues I should be concerned with (Michigan specifically, but other states in general)? As I read the law, beer below 0.5% EtOH is not regulated as, or considered an alcoholic beverage for any purpose, including for example taxation. What will a policeman say when he stops me for 5 over? What say you teeming masses about the law? Can you enlighten me as to the errors, or lack thereof, of my ways?

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**Author:** ![billy](https://avatars.discourse-cdn.com/v4/letter/b/ecd19e/32.png) [@billy](https://boards.straightdope.com/u/billy)\
**Post date:** [February 15, 2004, 12:16am UTC](https://boards.straightdope.com/t/na-beer-and-driving/229265/2 "2004-02-15T00:16:23Z")

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[QUOTE=sx633]  
But I do want to go to the issue of drinking NA beer and driving. /QUOTE]

IANAL but I’m pretty sure it is not illegal to drink beer and drive. It is illegal to drive while under the influence of alcohol, any alcohol, no matter where you got it.

If NA beer has some alcohol, and you drink enough of the stuff that it influences your ability to drive, or puts you over the legal limit, and then you drive, off to jail you go. Same thing would apply of you got drunk by cough syrup.

But something tells me you knew all of this already…

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**Author:** ![Reeder](https://avatars.discourse-cdn.com/v4/letter/r/c6cbf5/32.png) [@Reeder](https://boards.straightdope.com/u/Reeder)\
**Post date:** [February 15, 2004, 12:21am UTC](https://boards.straightdope.com/t/na-beer-and-driving/229265/3 "2004-02-15T00:21:06Z")

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> [@billy](#):
>
> snip…
> 
> IANAL but I’m pretty sure it is not illegal to drink beer and drive.

It most certainly is against the law to drive and drink a beer at the same time, in NC anyway.

They ticket you for open container and driving after drinking.

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**Author:** ![Eleusis](https://avatars.discourse-cdn.com/v4/letter/e/f4b2a3/32.png) [@Eleusis](https://boards.straightdope.com/u/Eleusis)\
**Post date:** [February 15, 2004, 12:25am UTC](https://boards.straightdope.com/t/na-beer-and-driving/229265/4 "2004-02-15T00:25:29Z")

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> [@](#):
>
> States and Territories WITHOUT Open Container Law that is TEA-21 Compliant (14)  
> Click on the state to find other laws for that state.  
> Alaska  
> Arkansas  
> Colorado  
> Connecticut  
> Delaware  
> Indiana  
> Louisiana  
> Mississippi  
> Missouri  
> Montana  
> Tennessee  
> Virginia  
> West Virginia  
> Wyoming

[http://www3.madd.org/laws/law.cfm?LawID=OPEN](http://www3.madd.org/laws/law.cfm?LawID=OPEN)

I’m not sure about the TEA-21 thing though…

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**Author:** ![billy](https://avatars.discourse-cdn.com/v4/letter/b/ecd19e/32.png) [@billy](https://boards.straightdope.com/u/billy)\
**Post date:** [February 15, 2004, 12:40am UTC](https://boards.straightdope.com/t/na-beer-and-driving/229265/5 "2004-02-15T00:40:26Z")

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> [@Reeder](#):
>
> It most certainly is against the law to drive and drink a beer at the same time, in NC anyway.
> 
> They ticket you for open container and driving after drinking.

Ahh, he meant drinking while driving…I obviously read the question as drinking and then driving.

Oh well, no biggie…I got corrected…and finally by someone other than wife.

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**Author:** ![gbrohman](https://avatars.discourse-cdn.com/v4/letter/g/3be4f8/32.png) [@gbrohman](https://boards.straightdope.com/u/gbrohman)\
**Post date:** [February 15, 2004, 12:46am UTC](https://boards.straightdope.com/t/na-beer-and-driving/229265/6 "2004-02-15T00:46:41Z")

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I live in Minnesota.  
It is not against the law to drink and drive.  
It is against the law to drive under the influence of ETOH.  
As for NA Beer  
I have asked that question;  
The trooper stated that NA beer has a trace amount of ETOH and it is open container and allow open container, if in or on motor vehicle on a public roadway.  
Also the company I work for prohibits NA beer on property. Wouldn’t it go good with Pizza in the lunch pail?
