New 2025 Australian Road Rules: Huze Fine for Drinking Coffee While Driving

There is no nationwide law that explicitly bans drinking coffee while driving in Australia in 2025, but motorists can still be fined under distracted or careless driving offences if the activity causes a loss of proper control of the vehicle . High‑profile fines cited around $561 reflect enforcement of general careless or negligent driving provisions rather than a specific “coffee ban,” and penalties vary by state and territory with demerit points attached .

What the law actually prohibits

Australian road rules require drivers to maintain proper control of their vehicle at all times, and police can issue infringements if any secondary task—food, drink, grooming, or device handling—interferes with safe operation . While mobile phone rules are explicit, eating and drinking sit in a general “distraction” category policed through careless or negligent driving offences that focus on the observed loss of control or inattention . This approach gives officers discretion to act when behaviour increases crash risk, even if the object is a coffee cup rather than a phone .

Why “coffee while driving” is a grey area

Because there is no stand‑alone prohibition on beverages, legality hinges on context—lane wandering, inconsistent speed, delayed braking, or one‑handed control at critical moments can all indicate inadequate control and justify a fine . This is why cases involving eating, drinking, or other benign‑seeming actions sometimes lead to penalties; the offence is not the coffee, but the unsafe driving observed by police . Publicised incidents help underline that any action impairing control can be penalised, regardless of intent or the item involved .

Typical penalty ranges cited for 2025

• New South Wales: negligent or not in proper control offences commonly reported near the $561 mark with demerits when driver behaviour indicates distraction or carelessness .
• Queensland: distracted or careless driving infringements are cited in the low hundreds up to mid‑$600s with demerits, depending on the exact charge and circumstances .
• South Australia: penalties can rise substantially for careless driving, with maximum court‑imposed fines far above on‑the‑spot amounts when aggravating factors exist .
• Victoria: careless driving is a chargeable offence with significant fines and potential court escalation; first offences can exceed two thousand dollars at higher tiers .
• Western Australia and ACT: frameworks allow for high maximums where negligent control or dangerous driving is established, with ACT maxima among the highest .

What police look for

Enforcement typically hinges on indicators of compromised control such as drifting across lane lines, erratic speed, failure to indicate or give way, or delayed reactions at intersections or crossings . Officers also consider whether a driver’s hands were properly positioned when control was needed, and whether peripheral tasks diverted attention at a critical time . In school zones, pedestrian‑dense areas, or high‑speed corridors, tolerance for divided attention is especially low due to elevated risk exposure .

Practical guidance to avoid fines

• Treat beverages as a stationary break task: pull over or wait until reaching a rest stop rather than sipping in traffic where braking events are frequent .
• If carrying coffee, use leak‑resistant cups with secure lids, place them in a stable holder, and only handle them when fully stopped in a safe location off the live lane .
• Keep both hands available: maintain hand position and anticipate hazards; juggling items while cornering or merging can be interpreted as not in proper control .
• Prioritise visibility and attentiveness: scan mirrors, maintain safe following gaps, and avoid any activity that forces eyes off the road for more than a glance .

Insurance and liability considerations

A distraction‑related infringement can affect assessments of fault after a crash, with insurers and courts viewing observable distractions as evidence of contributory negligence . Even in minor collisions, admissions about eating or drinking at the time can complicate claims if paired with evidence of inattention or delayed reaction . Avoiding secondary tasks while moving reduces legal and financial exposure beyond the immediate fine and demerit points .

Key takeaway for 2025

Australia has not introduced a specific, nationwide “no coffee while driving” offence, but stricter application of distracted and careless driving laws means drivers can be fined heavily if drinking causes any lapse in control or attention . The safest and most legally defensible approach is simple: keep hands free and focus on the road while moving, and take beverage breaks only when safely parked off the carriageway .