CHP Won’t Nab ‘Nonalcoholic’ Beer Drinkers

After deciding that two state laws apparently conflict, the California Highway Patrol is expected today to instruct officers not to arrest motorists who drink “nonalcoholic” beers while behind the wheel.

As the beverages have become more popular, CHP officials have increasingly received inquiries about whether the drinks--which contain less than 0.5% alcohol--violate the state’s open container law when consumed by people inside a moving vehicle.

“There’s been quite a bit of confusion caused by this difference in (state) definitions,” CHP spokeswoman Alice Huffaker said Thursday. “Because of the confusion, we’re going to withhold enforcement for a period of time.”

On one hand, the California Vehicle Code states that drinks containing any amount of liquor--no matter how small--are “alcoholic beverages.” Under that statute, it is illegal for anyone inside a moving vehicle to drink such beverages or have them in opened containers.

On the other hand, the state Department of Alcoholic Beverage Control classifies drinks containing less than 0.5% of alcohol as “nonalcoholic.”

The state liquor and vehicle codes apparently have never come to blows over nonalcoholic beers before, but the problem has arisen with the recent growing popularity of the beverages. Nonalcoholic brews now reportedly make up the fastest-growing share of the beer market.

The CHP plans to meet with state Alcoholic Beverage Control officials to form a consistent policy about the nonalcoholic beers, Huffaker said.

While some citizens’ groups support low-alcohol beers as alternatives that will help reduce drunk driving, the CHP must determine if allowing them inside vehicles could make enforcement more difficult, Huffaker said.