Drinking a takeaway coffee behind the wheel isn’t specifically outlawed in Australia, but in 2025 the penalties for distracted driving and “not having proper control” have become serious across several states. If a sip, spill or one-handed steering causes you to lose control or attention, police can fine you and add demerit points under existing road rules. Below we explain how the rules work in Australia, the typical fines and points by state, and practical ways to stay legal and safe. Use this as a quick reference before your next drive.
Australia 2025: Is Drinking Coffee While Driving Illegal? (Distracted Driving Rules)
In Australia, there is no explicit nation-wide ban on eating or drinking non-alcoholic beverages while driving; however, you can still be penalised if it leads to improper vehicle control or careless/negligent driving. Legal guidance and motoring bodies note that eating or drinking can slow reaction times and attract fines when it interferes with safe driving.
- Not specifically illegal to drink coffee, but risky if it distracts you. :
- Charge used: “Drive without proper control”, “negligent/careless driving”, or “due care & attention”, depending on the state.
- Outcome: Monetary fines + demerit points, and in serious cases, court action. :
NSW, QLD, VIC & SA: 2025 Fine Amounts and Demerit Points (State-by-State Australia)
Penalties vary by state and by the exact offence police choose. For example, New South Wales lists a specific on-the-spot penalty for Rule 297(1): drive without proper control, while Queensland commonly uses “driving without due care and attention.” Victoria uses “careless driving,” which is expressed in penalty units (and can be high). South Australia’s “driving without due care” carries court-set fines and demerit points. Check the current schedule below and remember: amounts can change and higher penalties may apply in aggravated cases.
- NSW: Rule 297(1) “Drive without proper control” – $562 and 3 demerit points.
- QLD: “Without due care & attention” – about $645 and 3 demerit points (typical).
- VIC: “Careless driving” – up to 12 penalty units (≈ $2,371 for first offence).
- SA: “Driving without due care” – up to $2,500 and 3 demerit points (basic offence).
New $3,300 Fine & 6 Demerit Points for Aussie Drivers – Speed Cameras Going Live October 15!
Practical Tips for Australian Drivers in 2025 (Avoid Fines & Stay Safe)
To avoid fines, treat coffee like any other distraction: plan the stop, secure lids, and keep both hands free for steering. If you spill or juggle a cup and it affects control, you risk a ticket for improper control or careless driving. Consider pulling over for a safe sip, using cup-holders correctly, and keeping your eyes on the road—not the lid. Remember that mobile phone rules are even stricter, and mixed distractions compound risk.
- Stop to sip: Pull over briefly if you must drink.
- Secure the cup: Use a stable holder; avoid hot, overfilled drinks.
- Hands on the wheel: Two-handed control reduces enforcement risk.
- Know your state’s schedule: Fines & points differ across Australia.
Penalty Reference Table – Australia 2025 (Coffee While Driving → Distracted/Improper Control)
This table summarises commonly cited offences and indicative penalties when drinking coffee leads to distraction or loss of control. Always check current state schedules before driving, as penalties and point values can change.
| State/Territory | Typical Offence Used | Indicative Fine (AUD) | Demerit Points |
|---|---|---|---|
| New South Wales (NSW) | Rule 297(1): Drive without proper control | $562 | 3 |
| Queensland (QLD) | Driving without due care & attention | ~$645 | 3 |
| Victoria (VIC) | Careless driving (penalty units) | Up to $2,371 (first offence) | Varies (court) |
| South Australia (SA) | Driving without due care | Up to $2,500 (basic) | 3 |
FAQs – Coffee & Driving in Australia (2025)
Is it illegal to drink coffee while driving in Australia?
Not specifically, but you can be fined if it affects control or attention.
What’s the fine in NSW if I lose control while sipping?
$562 and 3 demerit points under Rule 297(1)
Why are Victoria’s fines higher?
“Careless driving” uses penalty units, which can total into the thousands. :
Best way to stay safe and legal?
Keep both hands on the wheel; stop to drink if needed. :
