Can You Drink Non-Alcoholic Beer While Driving?

The Short Answer

Yes, you can legally drink non-alcoholic beer while driving in most of the United States. Because these beverages contain less than 0.5% alcohol by volume (ABV), they’re not classified as alcoholic under federal law. That means they’re treated more like kombucha or mouthwash than beer.

But, there’s a catch.

State Laws Vary (And So Do Cops’ Interpretations)

While federal law allows NA beer, some states and local jurisdictions treat it with more caution:

  • Texas: Open container laws apply to any beverage labeled “beer,” regardless of alcohol content.

  • Delaware: Open container laws apply broadly; consuming any beverage resembling alcohol while driving may lead to legal issues.

  • New Jersey: Open container laws only apply to alcoholic beverages, which is anything about 0.5% ABV. NA beer is technically legal to consume in a vehicle, but police discretion still matters.

In short: even if it’s legal on paper, public perception—and how it looks—can still land you in hot water.

Will I Fail a Breathalyzer With NA Beer?

Probably not—but it’s technically possible for a few minutes right after drinking.

Some non-alcoholic beers (especially 0.5% ABV options) can cause a false positive on a breathalyzer immediately after consumption. But the reading fades fast—usually within 5 to 10 minutes. You’ll never blow a DUI-level BAC from NA beer alone.

✅ Pro Tip: If you just drank an NA beer and get pulled over, explain what it is and show the can.

What About Minors Drinking NA Beer in a Car?

Even though it’s non-alcoholic, it’s still illegal for minors to consume it in most states.

Why? Because the label still says “beer,” and many states classify anyone under 21 drinking it as “possessing an alcoholic beverage.” So don’t hand your teen an NA brew—even as a joke.

Best NA Beers for Road Trips

If you’re not behind the wheel—or just want something cold for your next picnic or camping stop—these NA beers travel great:

👉 Explore our full list of the best NA beers

Takeaway

  • You can drink NA beer while driving in most places—but check your state laws.

  • Always keep the label visible to avoid misunderstandings.

  • Never give NA beer to minors, even if it’s technically non-alcoholic.

  • When in doubt? Wait until you’re parked.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws regarding non-alcoholic beer and driving may vary by state and local jurisdiction. Always consult your local laws or a legal professional before making decisions related to driving and consumption of non-alcoholic beverages.

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