Q: I read that you can get a ticket for drinking coffee while driving, because it’s distracting. Is that true?
A: I suppose it depends on how bad you are at drinking coffee. There isn’t a law that specifically prohibits drinking coffee, or any other non-alcoholic beverage, while driving. However, there is a law that would apply to someone who lets their coffee get in the way of their driving.
It’s called “Dangerously distracted driving.” This is a separate distracted driving law from the one that prohibits using a cell phone. You didn’t ask about the cell phone law, but I’m going to summarize it anyway so I can point out the differences in how the two laws work (and because some folks still need a reminder).
The cell phone law states that “A person who uses a personal electronic device while driving a motor vehicle on a public highway is guilty of a traffic infraction.” To really understand that, we need to define some terms. “Driving” is anytime you’re on the roadway, even if you’re stopped at a light. A “personal electronic device” includes a phone, tablet, laptop, video game, and more – almost anything that can communicate wirelessly or retrieve data. “Use” means holding a personal electronic device in your hand, watching video, or using your finger to “compose, send, read, view, access, browse,” and the list goes on but I’ll spare you the rest. The law does permit “minimal use of a finger to activate, deactivate, or initiate a function.” How much use is “minimal?” The Washington State Patrol interprets that to mean “a single touch.”
If an officer observes a driver using a personal electronic device, that’s justification for a traffic stop and issuing an infraction. And that’s where we find the difference between the two laws. The “dangerously distracted” law can only be enforced as a “secondary action.” Practically speaking, you can’t be pulled over just for drinking coffee, but if you spilled your coffee on your lap on your way to your company-wide presentation and now you’re frantically searching the car for napkins to clean your suit while weaving across the centerline, your coffee has become dangerously distracting. You could be pulled over for crossing the centerline and get a ticket for dangerously distracted driving.
The law defines dangerously distracted as “a person who engages in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such motor vehicle on any highway.” The law doesn’t give any examples, probably because once you start listing them, where would you stop? But I’m sure you can think of plenty.
The dangerously distracted law says, in a much more official way, something I think we sometimes forget in our busy lives. When you’re driving a car, your top priority is driving a car. Any activity that’s not related to “the actual operation of a motor vehicle” has the potential to take our focus away from driving.
We live in a world with drive-through coffee stands and restaurants. We don’t even question that people will eat and drink while they drive. Maybe we should. And for anyone who can’t drive without hydration or sustenance, be intentional about your choices. Most drivers will manage a granola bar just fine (helpful tip – open the packaging before you start driving), but nobody should be eating soup while driving with their elbows. Whether it’s beverages, food, grooming, or playing the clarinet, the law is clear; if what you’re doing interferes with driving safely it’s a violation of the law.
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