Alcohol and drugs
A friend is driving and you are in the passenger seat of their car. May you drink a beer?
- No: drinking alcohol is illegal while riding as a passenger, not only while driving. Correct answer
- Yes, as long as you are over 21 and the driver does not drink.
- Yes, as long as the open container stays out of the driver's reach.
Why
The ban is on the act, not on the seat. Drinking any alcohol in a vehicle is illegal, and so is smoking or eating a cannabis product, for whoever is at the wheel and for anyone riding along. Being over 21 with a sober driver does not change that. Neither does where the container sits: the rule about keeping an open container in the trunk or a place where passengers do not sit is a separate requirement about carrying alcohol, and a container you are carrying must be sealed and unopened in the first place, with the glove box specifically ruled out for an open one. There is one written exception to the drinking ban and it depends on the kind of vehicle rather than the kind of drinker: it does not apply to a passenger in a bus, taxi, camper or motorhome.
Where this comes from
California Driver's Handbook, June 2025 edition. The correct answer is No: drinking alcohol is illegal while riding as a passenger, not only while driving.
The rule behind this one
California alcohol and drug rules for drivers goes through the whole topic, with the page of the California Driver's Handbook behind every rule.
More on alcohol and drugs
- You are convicted of a DUI in California. What does DMV do to your driving privilege, and what must you do?
- You are arrested for DUI and the officer takes your driver's license. What are you given instead, and for how long?
- You have been arrested for DUI and want a DMV administrative hearing. By when must you ask for one?
- You are 19 and a friend asks you to carry an unopened bottle of wine in your car. When is that legal?