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Drinking NA beer while driving?

So, here is the real answer...

109. "Alcoholic beverage" includes any liquid or solid material
intended to be ingested by a person which contains ethanol, also
known as ethyl alcohol, drinking alcohol, or alcohol, including, but
not limited to, alcoholic beverages as defined in Section 23004 of
the Business and Professions Code, intoxicating liquor, malt
beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka,
cordials, gin, and brandy, and any mixture containing one or more
alcoholic beverages. Alcoholic beverage includes a mixture of one or
more alcoholic beverages whether found or ingested separately or as a
mixture.
For purposes of the Driver License Compact, "intoxicating liquor"
as used in Section 15023 has the same meaning as "alcoholic beverage"
as used in this code.
Click to expand...

23004 of B&P defines them as more than 0.5%...but the VC says anything containing alcohol including but not limited to what's defined there...so NA beer with alcohol = open container.

Cough syrup and orange juice would also qualify apparently. :twofinger
 
i would have an aneurysm if a cop gave me a ticket for orange juice.
 
IMHO fake beer leads to real beer. Why bother? Just hang it up and be done with it. I haven't had a drink in five years. The first couple years was kind of strange at parties. My friends kept offering me drinks and stuff but they got used to it. So did I. Most folks in our society drink a bit (or a lot) and there is an adjustment but you get over it. Nowadays I just tell people "I'm allergic to alcohol" and when I get the :wtf I just say "Yeah, I break out in trouble!" :twofinger
 
Because I like the taste of beer.
Lame thing is that I was a beer snob and would buy fancy shit and be all pretentious about it with fancy glasses and talking to my self reviewing the beer. :/

If I couldn't have caffeine I would still drink decaff coffee, it would just be lame because they don't make good decaff coffee. although there is probably better decaf coffee than there is NA beer.
 
R3DS!X said:
Because I like the taste of beer.
Lame thing is that I was a beer snob and would buy fancy shit and be all pretentious about it with fancy glasses and talking to my self reviewing the beer. :/

If I couldn't have caffeine I would still drink decaff coffee, it would just be lame because they don't make good decaff coffee. although there is probably better decaf coffee than there is NA beer.
Click to expand...

Exactly. I was gonna say I'm surprised an admitted fan of the taste of beer would even find near-beer palatable. :laughing
 
If you stay up really late so you're super tired and have been drinking NA beer all night you can totally convince yourself you're drunk!

True story.
 
Traq said:
If you stay up really late so you're super tired and have been drinking NA beer all night you can totally convince yourself you're drunk!

True story.
Click to expand...

:laughing
 
Traq said:
If you stay up really late so you're super tired and have been drinking NA beer all night you can totally convince yourself you're drunk!

True story.
Click to expand...

We would do this to fraternity pledges every semester when I was in college. Hilarious watching 18 year old act drunk off O'Douls!
 
R3DS!X said:
Don't be a dick.
Click to expand...

Think about it from the officer's perspective: having a non-alcoholic beer in your hand doesn't mean you haven't had alcoholic beer earlier. I'm sure plenty of enterprising DUIers have already considered the merits of masking the smell of beer with non-alcoholic beer, then showing the can to the officer as if to say "See... just O'Douls all day officer." I'm not a even a cop, and I'm pretty sure I wouldn't believe it.

Now then, the fun question is what would you do next? Do you refuse the PAS / field sobriety tests or do them? :laughing
 
Kornholio said:
Even if you refuse them, they can still force you to take a blood test.
Click to expand...

Nope, sorry... wrong.

You cannot be forced to take a blood, breath or urine test.

BUT... if you do refuse to take the test (or fail to complete it) you will be fined and you will lose your license to drive for awhile. For 1 to 3 years (depending on your past conviction record). You may also be locked up (incarcerated) if also convicted of a violation of Section 23152 or 23153 (DUI... drugs or alcohol).

V C Section 23612 Implied Consent For Chemical Testing

(D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153, and (i) the suspension of the person’s privilege to operate a motor vehicle for a period of one year, (ii) the revocation of the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate violation of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code that resulted in a conviction, or if the person’s privilege to operate a motor vehicle has been suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 for an offense that occurred on a separate occasion, or (iii) the revocation of the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurs within 10 years of two or more separate violations of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof, that resulted in convictions, or if the person’s privilege to operate a motor vehicle has been suspended or revoked two or more times pursuant to Section 13353, 13353.1, or 13353.2 for offenses that occurred on separate occasions, or if there is any combination of those convictions or administrative suspensions or revocations.
Click to expand...
 
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Question for this group...

Can a Juvenile by Near Beer????? Can anybody under 21 by near beer?

My thought is if a person under the drinking age can't buy the stuff then it would be an open container.

Christ I am getting old... this stuff was just coming on the market when I retired so we didn't have to answer these things.... back in the day for me on something like this..... like everything else.... people talk themselves into an enforcement action.....
 
I suspect a minor can buy 'near beer' since the earlier post referenced the code that to be considered an alcoholic beverage it has to contain >0.5% ABV. Also the CA VC states anything with alcohol would be a violation of the code, not just stuff that a minor cannot buy. Hence the cup of OJ post.

You can be forced to give a blood sample in some counties, there was a recent thread talking about this. By obtaining your DL you have provided implied consent, and some counties will take this as license to draw blood without explicit consent at the time. Many counties will just slap you with a refusal to provide a sample, which will be considered a DUI anyway.
 
Regardless, it's best to try to avoid attracting attention to yourself. You don't want to be the cause of 911 calls for appearing to consume bear while you drive. You don't want to have to explain to an officer that it's non-alcoholic beer. Same idea as keeping the exhaust, license plate, and signals stock.
 
Burning1 said:
Regardless, it's best to try to avoid attracting attention to yourself. You don't want to be the cause of 911 calls for appearing to consume bear while you drive.
Click to expand...

As long as the bear is in no state to complain, who'd care? :teeth
 
m0t0_ryder said:
Nope, sorry... wrong.

You cannot be forced to take a blood, breath or urine test.

BUT... if you do refuse to take the test (or fail to complete it) you will be fined and you will lose your license to drive for awhile. For 1 to 3 years (depending on your past conviction record). You may also be locked up (incarcerated) if also convicted of a violation of Section 23152 or 23153 (DUI... drugs or alcohol).

V C Section 23612 Implied Consent For Chemical Testing
Click to expand...

If you're arrested for suspicion of DUI, you absolutely have to take the test. You can only refuse if it's a PAS test.

http://www.shouselaw.com/chemical-test-refusal.html
 
I got checked once at a street faire for the NA beer I was drinking. The officer walked up to me and told me alcohol beverages were not allowed and I handed him my NA. He checked it out and handed it back to me with a "Have a nice day" and that was the end of it. I haven't had an alcoholic drink in 23 years - and I don't miss it at all. :laughing
 
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