Is it illegal in GA to eat food while driving? Here’s what state law says

Using your cellphone while driving is banned under Georgia’s Distracted Driving Law, but can you snack while behind the wheel?

Eating while driving in Georgia isn’t technically illegal, but if doing so causes unsafe conditions or dangers to other drivers, then you’re not off the hook entirely.

What does the GA Distracted Driving Law entail?

The law’s intentionally broad but is generally concerned about being distracted or driving recklessly.

The distracted driving statute covers “any actions that distract the driver from operating safely,” which could include eating if the driver is swerving, missing signals, or having delayed reactions.

If you spill your fries or drop mustard on your shirt and veer out of your lane, a law enforcement officer isn’t writing you a ticket for eating. They are likely citing you for the maneuver that puts others at risk.

What is the penalty for eating while driving?

The Governor’s Office of Highway Safety outlines the consequences, which escalate with subsequent offenses:

• First offense: $50 fine and one point on your license
• Second offense: $100 fine and two points
• Third or subsequent offense: $150 fine and three points

Reckless driving is more serious than just distracted driving

If you cause a wreck while eating, you could be charged with reckless driving, which carries stricter penalties.

• $1,000 fine
• Four points on your driving license 
• Possible jail time 

According to Georgia attorneys, T. Madden and Associates, state law considers negligence a factor when liability is assigned in accidents.

If you are proven to have been eating while driving, you could be found responsible for the accident and associated fines and damages.

Common reasons for driving distracted

The Georgia Department of Driver Services, “Distracted driving can result when you perform any activity that may shift your full attention from the driving task.”

The most common behaviors include, but are not limited to:

• talking to passengers
• adjusting the radio, CD player or climate controls
• eating, drinking or smoking
• reading maps or other literature
• picking up something that fell
• reading billboards and other road advertisements
• watching other people and vehicles including aggressive drivers
• talking on a cell phone or CB radiousing telematic devices (such as navigation systems, pagers, etc.)
• daydreaming
• being occupied with other mental distractions

They also offer some advice about how to limit distractions:

• Review and be totally familiar with all safety and usage features on any in-vehicle electronics, including your wireless or cell phone, before you drive
• Pre-program radio stations
• Pre-load your favorite CDs or cassette tapes
• Clear the vehicle of any unnecessary objects
• Review maps and plan your route before you begin driving
• Adjust all mirrors for best all-round visibility before you start your trip
• Don’t attempt to read or write while you drive
• Avoid smoking, eating and drinking while you drive
• Don’t engage in complex or emotionally intense conversations with other occupants

Drivers should remember that while eating while driving isn’t technically illegal in Georgia, you may still be at risk for fines, points, and liability, if you’re pulled over. Make your life easier, drive first, eat later.

Have you been cited for distracted driving? Email me at srose@ledger-enquirer.com or find me on social media.