Technically, yes, but it's risky. Non-alcoholic beer contains less than 0.5% ABV, so it's not classified as alcohol under federal law and won't impair your driving. However, most states haven't updated their open container laws to account for NA beverages, which means an open NA beer in your car could still get you pulled over or cited. From a distance, police can't tell the difference between NA beer and regular beer, and that's enough for a traffic stop. Whether you can legally drink NA beer while driving depends entirely on your state's laws.
Here's what you need to know before cracking one open on the road.
What the Law Says About NA Beer and Driving
The Alcohol and Tobacco Tax and Trade Bureau (TTB), the agency that enforces the laws regulating alcohol-related businesses, defines alcoholic beverages as beer, wine, and spirits that contain 0.5% or more alcohol by volume (ABV). Because all non-alcoholic beer is 0.5% to 0.0% ABV, it is very clearly, by federal standards, not alcoholic. But that is where the clarity ends. If there were one single law that spelled out the legality of non-alcoholic beer in the car, it would be a lot easier for drivers. That's how it is with alcoholic beverages, which makes things simple. It's safe to say that all drivers are aware that alcoholic beverages are strictly prohibited behind the wheel. According to the National Highway Traffic Safety Administration (NHTSA), the federal government requires U.S. states to enact "open container" laws, which prohibit open alcohol in the car and its consumption by drivers and passengers. The National Conference of State Legislatures publishes Open Container and Consumption Statutes for every state, which is very handy. Unfortunately, there is no such quick, clear resource for state laws regarding non-alcoholic beverages in motor vehicles. Some people might take that to mean that NA beverages are exempt from those laws, and while that might very well be the case in many states, the assumption can lead to serious consequences if you guess wrong.Do Open Container Laws Apply to Non-Alcoholic Beer?
The majority of states recognize that non-alcoholic beer is not an alcoholic beverage and often treat it as such, particularly in the case of 0.0% (truly alcohol-free) beers. The trouble is that not many states have updated their open container laws to outline regulations (or lack thereof) for non-alcoholic adult beverages.
Federal standards for state open container laws are enforced by the NHTSA and the Federal Highway Administration (FHWA). According to the NHTSA website, these laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage by anyone in a motor vehicle. It's that pesky "any" that causes issues.
Even a non-alcoholic beer has trace amounts of alcohol, up to 0.5% alcohol by volume (ABV). This is still a tenth the ABV of a regular alcoholic beer, making it virtually impossible to become intoxicated on NA beer. Even so, some state laws may consider any beverage with detectable alcohol, even trace amounts of it, subject to longstanding open container laws.
For instance, Alabama, Florida, Georgia, Indiana, Maine, Minnesota, Missouri, Pennsylvania, and West Virginia are all states where selling NA beer to minors is illegal. These are states where a driver would definitely want to wait and enjoy that non-alcoholic beer at a bar or restaurant instead. The NA Beer Finder can help you locate great options nearby.
In other parts of the U.S., rather than take a chance, call the state's Alcoholic Beverage Control (ABC) agency, the state or city liquor commission, or the non-emergency police department. A quick phone call can either prevent you from receiving a violation or allow you to enjoy your NA beer with peace of mind!
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Can Non-Alcoholic Beer Impair Your Driving?
Non-alcoholic beer generally will not impair your ability to drive, since the ABV is so low that a healthy liver can process it long before the very trace amount of alcohol can build up in your bloodstream. According to the National Institute on Alcohol Abuse and Alcoholism, the average adult reaches a blood alcohol concentration (BAC) of 0.08% (the standard legal limit for driving under the influence in the U.S.) after drinking 4 to 5 alcoholic beers within two hours. Considering NA beers have one-tenth of the alcohol by volume of an alcoholic beer, you can see it would take an unreasonable number of NA beers to come even close to the legal DUI limit. So, intoxication is not one of the risks of driving while drinking an NA beer. There are, however, some other considerations that may make you think twice.How a Non-Alcoholic Beer Could Get You Pulled Over
While non-alcoholic beer is clearly labeled as such, from a distance, it's not easy to tell it apart from alcoholic beer. Law enforcement can't tell the difference, and you may get pulled over, even given a breathalyzer test, or investigated for DUI.
If that NA beer is the only beverage you've ingested, you'll likely pass the tests and be cleared. But if you are in a state with strict open-container laws, you may find yourself in trouble anyway. Further, that open container can give a police officer probable cause to search your car for real alcohol or other illegal items.
Misperceptions May Not End With the Police
The misinterpretation caused by drinking an NA beer behind the wheel could also extend to other drivers, who may not understand that you are enjoying a non-alcoholic or alcohol-free beverage. Similar misunderstandings can occur around parents who enjoy non-alcoholic beer. Children in the car can be confused about why one type of beer is OK, while another is not. The last thing any parent wants is their school-aged child telling their teacher how much beer Mom or Dad drank while driving during the family's summer road trip! Just a few things for a driver to consider before opening a bottle or can of NA beer.Where to Find Great NA Beer on the Road
If you decide to wait until you can get out of the car to relax and enjoy your non-alcoholic drink, refreshing options are never far away, wherever you are. Non-alcoholic beer, wine and spirits are more popular than ever, with the U.S. non-alcoholic market projected to reach $5 billion by 2028.
What does that mean for you? An astonishing number of choices all over the country!
Whether it's a German-style lager you seek or a smooth, sophisticated mocktail, use an expert resource like the NA Beer Finder to help you find great drinks anywhere, close to home or while visiting someplace new.
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Frequently Asked Questions About NA Beer and Driving
How many non-alcoholic beers equal one beer?
The alcohol by volume (ABV) of non-alcoholic beers can vary. The ABV may be as low as 0.0%, but cannot exceed 0.5%. In contrast, regular beer averages about 5% ABV, and malt liquor about 7% ABV. So, depending on which NA beer and alcoholic beer you are comparing, the math can work out a bit differently. But, in general, if you consider a 0.5% NA beer against a standard, 5% ABV alcoholic beer, you would need to drink 10 NA beers to equal that one regular beer. However, the time it takes to drink those 10 NA beers and the amount of liquid in them will also aid your liver in processing that very trace amount of alcohol in each NA beer.Can you keep open NA beer in the car?
Federal requirements of state open container laws specify that an open container of "any" alcoholic beverage is prohibited in a motor vehicle. Unless a state specifically accounts for non-alcoholic beer in updated laws, your open NA beer might be lumped into the category of "any" alcoholic beverage, due to its trace amount of detectable alcohol. Unless you know that your state allows NA beverages to be open and/or consumed in a motor vehicle, it is safest to dispose of any open containers or keep them somewhere out of reach, like the trunk.Can you get carded for NA beer?
Yes, it's more likely than you'd think to get carded for non-alcoholic beer. Many states don't regulate non-alcoholic beverages and instead leave those restrictions up to retailers' discretion. In other words, it may not be illegal in the state to buy NA beer under age 21, but a store might enact its own policy. Some retailers consistently card everyone and only sell to customers 21 and over, whether the beer is non-alcoholic or alcoholic. A few states outright prohibit sales of NA beer to minors, including Alabama, Florida, Georgia, Idaho, Indiana, Maine, Minnesota, Missouri, Pennsylvania, and West Virginia. Unless your state explicitly states that minors can buy NA beer, when planning to buy it, it's best to assume you will get carded.Will unopened NA beer go bad in a hot car?
The flavor of non-alcoholic beer is just as sensitive to heat damage as alcoholic beer, if not more so. Keeping your NA beer in a hot car or in direct sunlight can cause it to age faster, which speeds up the deterioration of its flavor profile. According to the Brewers Association, keeping regular beer in a trunk for three days in the summer is the equivalent of storing it at 38°F for 300 days! Non-alcoholic beer doesn't have alcohol acting as a preservative, so it can be more susceptible to the effects of improper storage. To keep your NA beer fresh and flavorful, store it at 38-40°F (3-4°C) whenever possible. Use NA Beer Finder to consult with a trusted retailer for the best way to store your favorite NA beers.Sources
- National Institute on Alcohol Abuse and Alcoholism: The Basics: Defining How Much Alcohol is Too Much
- IWSR: Key Statistics and Trends for the US No-Alcohol Market
- Brewers Association: Craft Beer Retailer Temperature Cheat Sheet
- National Conference of State Legislatures: Open Container and Consumption Statutes
- Alcohol and Tobacco Tax and Trade Bureau: Definition of alcoholic beverage
