Eating While Driving: Can You Get a Ticket for That Burger?

We live in a fast-paced world. Drive-thru windows are everywhere, cup holders have grown to accommodate 40-ounce sodas, and eating on the go has become second nature. But as you unwrap that burrito while merging onto the highway, a question might pop into your head: Is this actually illegal?

The straightforward answer is: No, there is no specific law in any US state that explicitly says “you cannot eat while driving.” You won’t find a statute that lists “cheeseburgers” alongside illegal substances.

However, that does not mean you are in the clear. While the act of eating isn’t banned, the consequences of eating—taking your hands off the wheel, taking your eyes off the road, or driving erratically—are strictly regulated under broader “Distracted Driving” and “Careless Driving” laws.

The “Distracted Driving” Loophole

Most drivers associate “distracted driving” exclusively with cell phones. However, the legal definition is much broader. The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that diverts attention from driving.

This includes:

• Visual Distraction: Taking your eyes off the road (e.g., to look for a fry in the bag).
• Manual Distraction: Taking your hands off the wheel (e.g., to unwrap a sandwich).
• Cognitive Distraction: Taking your mind off driving (e.g., focusing on not spilling hot coffee).

Eating often involves all three forms of distraction simultaneously. This is why it is often compared to other risky behaviors, like driving with interior lights on or using non-hands-free devices.

How Police Spot a Violation

You generally won’t get pulled over just because an officer sees you chewing. For a ticket to stick, there usually needs to be an accompanying moving violation. This is known as a “secondary offense” in some states, though “careless driving” is often a primary offense.

The “Articulated Suspicion” Test:
An officer needs a reason to stop you. If you are eating a sandwich but maintaining perfect lane discipline and speed, they likely won’t stop you. However, if you:

• Drift over the lane marker while reaching for a drink.
• Brake suddenly because you dropped food.
• Fail to go when the light turns green because you are distracted.

…then you have given them probable cause. The ticket will read “Careless Driving,” and the officer’s notes will state “Driver was distracted by food.”

The Most Dangerous Driving Foods

Not all snacks are created equal. The NHTSA actually released a study highlighting the most dangerous foods to eat while driving based on the likelihood of spills and distraction. The worst offenders include:

1. Hot Coffee

A spill isn’t just a mess; it’s a physical injury. The immediate reaction to being burned is to jerk the steering wheel or stomp the pedals. This is far more dangerous than just spilling cold water.

2. Tacos and Burgers

Any food that “disassembles” as you eat it requires two hands and constant visual attention to prevent it from falling apart. This is a massive manual distraction.

3. Greasy or Sticky Foods

Fried chicken, donuts, or ribs leave residue on your hands. This grease transfers to the steering wheel, making your grip slippery and unpredictable during an emergency maneuver.

If you are struggling to stay alert and using food as a crutch, consider reading our guide on how to stay awake while driving using safer methods.

Fines, Points, and Insurance

If you are cited for distracted or careless driving due to eating, the costs go beyond the ticket price.

• Fines: Depending on the state, fines can range from $100 to over $500 for a first offense.
• Points: Careless driving often adds points to your license. In states like California or New York, accumulating too many points can lead to suspension.
• Insurance: A “Careless Driving” mark on your record classifies you as a high-risk driver. Insurance premiums can skyrocket by 20-30% for 3 to 5 years after the incident.

It is worth noting that modern technology is making it harder to get away with distractions. While apps exist to help, like these safe driving apps, the best safety feature is a focused driver.

How to Eat on the Road Safely

If you absolutely must eat while traveling, follow these best practices to stay safe and legal:

1. Pre-Unwrap Everything

Do not try to unwrap a burger or open a sauce packet while moving. Do this while you are still parked at the pickup window.

2. Use the “Red Light Protocol”

Only take bites or sips when the vehicle is fully stopped at a red light. When the light turns green, the food goes down, and both hands go back on the wheel.

3. Stick to “One-Handed” Snacks

Choose foods that don’t drip, crumble, or require assembly. Protein bars, apple slices, or jerky are much safer than soup or chili.

For more general advice on maintaining safety on the road, check out our list of essential driving tips for new and experienced drivers.