Drivers in Ontario are legally allowed to consume non-alcoholic beer with a 0.0% ABV (alcohol by volume) while driving, as it contains no alcohol.
However, it’s important to note that beverages containing up to 0.5% ABV can lead to complications, due to potential police perceptions, open container laws, and zero-tolerance rules that apply to novice and commercial drivers.
This guide will clarify the laws, outline the associated risks, and provide steps to take if you are stopped while consuming non-alcoholic beer while driving.
What Is Non-Alcoholic Beer in Ontario?
Non-alcoholic beer replicates beer’s taste with minimal or no alcohol. Under Ontario’s Liquor Licence and Control Act, 2019, beer exceeds 0.5% ABV. Non-alcoholic beer includes:
- 0.0% ABV: Alcohol-free, equivalent to juice or soda, with no legal restrictions.
- Up to 0.5% ABV: Contains trace alcohol, not classified as an alcoholic beverage, but can be problematic for drivers and lead to impairment.
Low-alcohol beers (0.5% to 1.1% ABV) are subject to stricter rules, as consuming too much could lead to breaking impaired driving laws. Always check the ABV on the label before consuming it while driving to avoid legal issues or driving under the influence.
Is It Legal to Drink Non-Alcoholic Beer While Driving in Ontario?
Drinking 0.0% ABV non-alcoholic beer while driving is legal in Ontario, as it contains no alcohol and complies with the Criminal Code of Canada’s 0.08% blood alcohol concentration (BAC) limit for fully licensed drivers over 21.
However, there are some risks associated with 0.5% ABV non-alcoholic beer, even though it is also legal:
- Police misjudgment: Officers may confuse 0.5% ABV beer with regular beer due to similar packaging or smell, which could lead to a roadside breath test.
- Open container concerns: Ontario prohibits open alcoholic beverage containers in vehicles. Although non-alcoholic beer (0.5% ABV or less) is not considered alcohol, the beer-like cans may prompt police investigation.
To stay safe, choose 0.0% ABV beverages and keep labels visible.
Can Non-Alcoholic Beer Affect a Breathalyzer Test?
A non-alcoholic beer with 0.0% ABV will not register on a breathalyzer because it is completely alcohol-free.
The risk of registering a BAC is minimal for beverages with 0.5% ABV. However, consuming several cans could lead to a trace BAC. In fact, it would take approximately 20 non-alcoholic beers at 0.5% ABV to equal the alcohol content of one standard beer with 5% ABV (341 ml).
It’s important to remember that individuals may react differently to alcohol, and some might feel its effects after consuming less than others, even with non-alcoholic or low ABV beer.
In Ontario, Approved Screening Devices (ASDs) can detect the odor of alcohol. As a result, the beer-like smell of non-alcoholic beer could prompt a breathalyzer test, which is legally required to comply with.
Legal Risks of Drinking Non-Alcoholic Beer While Driving
Impact of Non-Alcoholic Beer on Breathalyzer Tests
While non-alcoholic beer contains minimal alcohol, consuming several in a short timeframe might result in a small, detectable reading on a sensitive roadside breathalyzer. This could lead to further questioning about potential impairment.
Consequences of Refusing a Roadside Test
If you are stopped by law enforcement and decline to take a roadside breath test, you can face charges for failing to comply.
Perception During Traffic Stops
Drinking a beverage that looks like alcoholic beer while driving can raise suspicion, prompting a police officer to stop your vehicle due to concerns about impaired driving, regardless of whether any alcohol is involved.
Risks of Distracted Driving
Drinking any beverage, including non-alcoholic beer, while driving could be viewed as distracted driving, especially if it affects your ability to control the vehicle safely. This may lead to careless driving charges.
Driving Behaviour and Legal Ramifications
Although non-alcoholic beverages typically do not cause significant intoxication, if your driving shows signs of impairment, such as swerving or erratic behaviour, you may still face impaired driving charges, even if you only have a low-alcohol or non-alcoholic drink in your system. Even 0.5% ABV beverages risk penalties for novice or commercial drivers.
What to Do If Stopped by Ontario Police
If stopped while drinking non-alcoholic beer, follow these five steps:
Stay Calm
It’s important to remain calm when interacting with law enforcement. Cooperating politely can help de-escalate any potential tensions that may arise during the encounter.
Show the Label
When asked about your beverage, present the container clearly to demonstrate that it contains a non-alcoholic drink with 0.0% ABV. This transparency can help clarify any misunderstandings.
Take the Breathalyzer
If requested, comply with the breathalyzer test. Adhering to these testing requirements will confirm that you are not impaired by any drinks that contain 0.0% ABV.
Limit Answers
When providing information, offer your licence, registration, and insurance as required. Politely decline to answer any additional questions beyond what is necessary.
Contact JUSTICEJOLT
If you find yourself charged for consuming non-alcoholic or low-alcohol beer, it’s crucial to seek legal guidance. Reach out to JUSTICEJOLT for assistance and to understand your rights.
Common Misconceptions About Non-Alcoholic Beer
Misconceptions surrounding non-alcoholic beer can result in legal issues:
- Non-alcoholic beer is completely alcohol-free: Some varieties have up to 0.5% ABV, which could pose concerns for law enforcement.
- It’s safe for all drivers: New, young, or commercial drivers are subject to zero-tolerance policies, making even 0.5% ABV potentially problematic.
- It won’t impact insurance: A distracted driving charge linked to any beverage can lead to higher insurance premiums.
Trust JUSTICEJOLT for Traffic Legal Support
While low and no-ABV beers can be a great option for socializing without the effects of alcohol, it’s important to understand their legal implications.
At JUSTICEJOLT, our traffic law experts are ready to support you with any tickets or impaired driving charges. We strive to protect your rights, contest unfair charges, and help you maintain your licence. If you have questions or need assistance, contact us today for a consultation.