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Is it illegal to eat while driving in Washington state?

Published in Driving Laws 3 mins read

No, eating while driving in Washington state is not illegal as a primary offense. However, it can lead to a fine if the activity interferes with safe driving and you are pulled over for another traffic violation.

Understanding Distracted Driving Laws in Washington State

Washington State has specific laws addressing distracted driving, primarily focusing on the use of electronic devices. While eating is not explicitly prohibited in the same way as using a handheld cell phone, it falls under the broader category of activities that can be deemed "dangerously distracted."

When Eating While Driving Becomes Problematic

You could receive a ticket for eating behind the wheel under certain conditions:

  • Interference with Safe Driving: If consuming food or beverages prevents you from operating your vehicle safely. This includes taking your hands off the wheel for an extended period, spilling something that obstructs your view, or diverting your attention from the road.
  • Secondary Offense: A $99 ticket can be issued for this type of distraction if you are already pulled over for another primary traffic offense. This means a law enforcement officer cannot pull you over solely for the act of eating.

This distinction between primary and secondary offenses is crucial:

  • Primary Offense: An officer can stop you simply for committing this offense (e.g., using a handheld cell phone while driving).
  • Secondary Offense: An officer can only issue a ticket for this offense after stopping you for another, primary traffic violation (e.g., speeding, running a stop sign, or an unsafe lane change).

Common Distractions Beyond Electronic Devices

Beyond strict cell phone usage, many activities can impair a driver's focus and reaction time. Washington state recognizes these as potential contributing factors to unsafe driving.

Type of Distraction Description Potential Consequence in WA State
Electronic Devices Holding a cell phone, texting, gaming, watching videos (primary offense). Significant fines (e.g., $136+ for first offense), potential for higher penalties in collision zones.
Eating/Drinking Consuming food or beverages, especially messy or large items. $99 ticket if it interferes with safe driving and you are pulled over for another traffic offense (secondary offense).
Grooming Applying makeup, brushing hair, shaving. $99 ticket if it interferes with safe driving and you are pulled over for another traffic offense (secondary offense).
Reading Looking at maps, books, or documents. $99 ticket if it interferes with safe driving and you are pulled over for another traffic offense (secondary offense).
Smoking Lighting a cigarette, holding a cigarette. $99 ticket if it interferes with safe driving and you are pulled over for another traffic offense (secondary offense for general smoking).

Prioritizing Road Safety

While eating might seem innocuous, any activity that diverts your attention from the road, your hands from the wheel, or your eyes from traffic conditions increases the risk of accidents. Maintaining full focus on driving is paramount for your safety and the safety of others.

Drivers are encouraged to:

  • Finish eating before starting their journey.
  • Pull over safely if they need to eat a meal that requires significant attention.
  • Opt for easily consumable snacks or drinks that don't require much interaction.