Does Drinking Alcohol in a Car Without Driving Count as Drunk Driving?

[SanColton]

Drinking alcohol in a car without driving does not count as drunk driving. Below is relevant information about drunk driving. Definition of Drunk Driving: Drunk driving refers to the act of operating a motor vehicle after consuming alcohol. In China, the threshold for determining drunk driving is when the driver's blood alcohol content reaches 20 milligrams per 100 milliliters. Definition of Drunken Driving: Drunken driving is an illegal act where the driver, due to alcohol consumption, completely or partially loses mental awareness and operates a motor vehicle without proper judgment. The standard for drunken driving is a blood alcohol content of 80 milligrams or more per 100 milliliters.

[LaRonan]

I was also curious about this before and looked up the relevant laws. It's completely legal to drink in the passenger seat or the back seat, as long as you don't touch the steering wheel. However, you need to pay special attention to the vehicle's status! If the car is parked on the roadside but the engine is still running, and the driver has been drinking, it still counts as drunk driving even if the wheels haven't moved. Last year in our neighborhood, a guy was caught for drunk driving while moving his car in the garage—the car only moved three meters, but he was still penalized for drunk driving. As long as the car is in the started state, whether it's moving or not, a driver who has been drinking will be breaking the law as soon as they touch the steering wheel. The safest approach is to turn off the engine completely, and it's even better to put the car keys in the trunk, so you can drink without any worries.

[OCatherine]

We once discussed this while waiting for someone in a parking lot during a friend gathering. Of course, passengers can drink, but drivers must absolutely restrain themselves. After a dinner party, Old Zhang opened a can of beer while waiting for a designated driver in the driver's seat. He had only taken two sips when the police knocked on his window. Even though the car wasn't moving, because he was seated in the driver's position with the air conditioning on, it was ultimately considered a 'pre-driving phase' drunk driving offense. Traffic regulations are quite strict—if you're capable of operating the vehicle with alcohol levels exceeding the limit, it's considered illegal. My advice to drivers is to move to the back seat even when resting in a parking lot to avoid unnecessary trouble.

[McBrandon]

The key to this issue lies in two aspects: location and behavior. When I drove for ride-hailing services, I never stopped passengers from drinking in the back seat. However, if you're in the driver's seat, even just turning on the ignition to charge, the police might take it seriously if they see you holding a bottle of alcohol. The regulations state that drinking by the driver while the engine is running constitutes a violation, regardless of whether the vehicle is actually moving. Don't push your luck—last year, local news reported a driver who was fined 12 points for drinking in a highway service area with the engine still on. If you really want to drink, turn off the engine completely, and it's best to leave the driver's seat.