You’re getting late for work, so you carry your coffee on the go, one hand on the wheel and breakfast riding shotgun. You’ve done this drive countless times and it’s never crossed your mind that “is it illegal?”
Then, in the second half of 2025, social media posts about coffee while driving fines started popping up everywhere. Content tied to Australia driving laws changes October started surfacing claiming that Australians could now be fined for drinking, eating, or smoking while driving with some eye-watering penalties. For a moment, it truly felt like common sense had been legislated out of existence. Similar claims also referenced rumours around Australia driving laws changes September 2025, adding to the confusion even though no such nationwide changes were introduced.
State transport departments and independent fact-checkers were prompt in stepping in to clear things up. There were no new Australian road rules that banned eating, drinking or smoking while driving. Most of it was misinformation, recycled content and clickbait which is why the rumour about coffee while driving fines spread so fast. It was designed to spark outrage, not reflect reality.
Even after clarifications, a more useful question remains and it’s one many Australians are still figuring out. If eating, drinking and smoking aren’t banned outright, why do people still get fined for doing them? Is it illegal or not? That’s where the real rule comes in and it’s far less stirring than the headlines but far more important.
| Quick caveat before we go on: this article is for general information only. It’s not legal advice and it’s not a substitute for checking your local road rules. Laws, penalties and enforcement can vary between states and change over time. |
The rule that explains almost everything
Australian road safety rules usually don’t outlaw the activity. They regulate the outcome.
Put simply, the law considers whether you were in proper control of the vehicle. That phrase appears across states and territories for road safety, sometimes alongside wording like “due care” or “careless driving”. It’s broad on purpose and allows police to look at the situation as a whole.
This is the simplest explanation for every fine in this space. Context matters. Police aren’t interested in what’s in your hand for its own sake. They’re interested in whether what you’re doing affects your attention, reaction time or control of the car. If it does, they already have the power to act.
Distraction isn’t measured with a ruler
This topic is confusing because distraction isn’t defined by a clear checklist to answer the “is it illegal” question. There’s no neat rulebook where one chip is fine and three chips is a problem.
It’s based on what the police observe at the time. Two drivers can be doing the same thing but lead to very different situations. Take drink driving for example – someone taking a sip of water in slow traffic might never get a second look. Someone else fumbling with their drink, drifting lanes or braking late could be pulled over and fined even though the activity itself isn’t banned.
If your concentration is dwelling on something inside the car instead of the road ahead, that’s when distraction becomes an issue under Australian road rules and broader road safety principles.
Eating while driving
So, can you eat while driving? In most cases, yes.
Eating while driving is not usually illegal. There’s no standalone offence called “eating behind the wheel” and you will not be fined just for holding a snack.
Drivers get caught out when eating affects control. This is also why people search for fines for eating while driving QLD, even though Queensland doesn’t ban eating itself and instead relies on proper-control offences. There was a widely reported case in WA where a driver was fined and hit with demerit points after being photographed eating cereal from a bowl while driving. One hand was on the bowl, the other on the spoon and the car was reportedly being steered with their knees. Police treated it as driving without due care and attention.
That case gets mentioned so often because it draws the line clearly. If eating causes you to:
- Take both hands off the wheel
- Look down repeatedly
- Drift lanes or miss hazards
This is why questions like “are you allowed to eat while driving” don’t have a simple yes-or-no answer and that does gather a lot of eye rolls.
Drinking coffee or water
Non-alcoholic drinks fall under the same category. Drinking water or coffee while driving isn’t illegal by default but it can become a problem if it distracts you.
A spilt hot coffee can cause instant reactions which can be dangerous. Drivers have been fined after swerving or braking suddenly in response to spills. These incidents are often referenced in discussions about coffee while driving fines or the supposed coffee ban driving Australia rumours.
Using cupholders, taking short sips and keeping your eyes on the road usually keep you on the safe side.
Smoking and vaping in the car
A common question is, can you smoke and drive in Australia?
If you’re alone in your car, smoking or vaping while driving is generally legal. There’s no nationwide ban on smoking behind the wheel. However, two limits matter.
First, smoking or vaping in a car with a child present is illegal in every Australian state and territory. The age that counts as a child varies but the rule itself applies nationwide.
Second, smoking can still be treated as a distraction. Lighting a cigarette, managing ash or reacting when ash drops can affect control. Flicking cigarette butts out the window is also illegal everywhere and can carry serious penalties, particularly during bushfire season.
Smoking in cars with children: current rules
Drinking alcohol while driving: no grey area
There is no other interpretation of this law.
Drink driving is illegal everywhere in Australia. For most fully licensed drivers, the legal blood alcohol concentration limit is 0.05. For learner drivers, provisional drivers and some professional licence holders, the required BAC is 0.00.
In New South Wales, Queensland and the ACT, the law specifically says a driver must not consume alcohol while driving, even if they believe they’re under the limit.
Elsewhere, including Western Australia, South Australia and the Northern Territory, the rule isn’t written in such plain terms. That doesn’t make it a loophole. Police can still rely on drink-driving laws, impairment offences or general rules requiring drivers to stay in proper control of their vehicle.
“How bad can it really be?”
Most of the time, this isn’t about risk-taking. It’s about routine. You’re on a familiar road, traffic’s moving and everything feels predictable. Having a coffee or a snack feels no different to adjusting the air-con or changing the radio station.
What tends to catch people out isn’t the act itself but the moment it interrupts driving. Brief moments matter on the road. Skipping a snack or smoke while you’re driving doesn’t cost you anything but even a small lapse in attention can cost far more than people expect.
What people actually get fined for
Rather than banning snacks, police rely on existing offences when distraction affects driving.
| State / Territory | What police book it as (when eating/drinking/smoking affects driving) | Fine shown in official material |
| NSW | Drive without proper control (Road Rules r 297(1)) | $562 |
| QLD | Driver must have proper control (RR s 297(1)) | 2⅓ penalty units |
| VIC | Driver to have proper control (r 297) | Maximum 5 penalties |
| SA | Driver to have proper control (ARR 297(1)) | $228 expiation |
| WA | Careless driving (used where distraction affects driving) | $300 (and 3 demerit points stated) |
| TAS | Drive without proper control (RR 297(1)) | 1 Penalty Unit |
| ACT | Drive without proper control (r 297(1)) | $447 |
These penalties often contribute to driving licence penalties Australia even though the activity itself isn’t banned.
So, is it illegal?
The short answer is that it depends on what you’re doing and how it affects your driving.
In most cases, eating or drinking non-alcoholic beverages isn’t an issue on its own as long as you’re still in proper control of the car and paying attention. Smoking or vaping is generally allowed if you’re driving alone but not if there’s a child in the vehicle. Alcohol is different. You can’t drink while driving and BAC limits always apply.
Simply because something feels normal doesn’t mean it’s legal. Australian road rules don’t police habits. They police outcomes. If you’re hungry, thirsty or need a breather, pulling over for a few minutes is usually the safest and cheapest option.
| Just a quick note before you go: this article is for general information only not legal advice. Road rules and penalties vary by state and may change so it’s always worth checking with your local road authority. |
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