You’re leaving the drive-thru with a big cheeseburger and fries on the seat next to you. Are you allowed to dig in while you drive? Will your Big Gulp get you arrested?
Here’s what Florida law has to say.
Can you eat or drink while driving in Florida?
There are no Florida laws that specifically say you can’t eat or drink while you drive. You’re allowed to gulp your coffee, devour your breakfast burrito, or scarf down your French fries while they’re still hot, as long as you can do so safely.
But it’s not a good idea, and it can lead to charges.
Is it safe to eat or drink while you drive?
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) says distracted driving is anything that takes your hands off the wheel, your eyes off the road, or your mind off driving.
That includes using your phone, applying makeup or grooming, dealing with a loose dog, tending to kids or passengers in the back seat, or anything else that takes up your attention.
More than 52,900 crashes were caused by distracted drivers in Florida in 2025, according to the FLHSMV. That was one in seven crashes, resulting in more than 304 fatalities and more than 2,100 serious bodily injuries.
Florida law only calls out phone or tablet use while driving, and bans headphones and earpods in most cases. But if you’re focusing on getting your coffee lid open and law enforcement officers see you swerving, missing traffic signals, not braking in time, or doing anything else that suggests that you’re not paying attention, you can be cited for a moving violation.
If you cause a crash while you’re eating or drinking, you can be charged with reckless driving. It can also be used against you as proof of negligence if anyone injured sues for damages.
What is distracted driving?
Driving safely requires attention to the road so the driver has time to perceive a hazard, react, and give the vehicle time and space to avoid it or stop.
“Even a focused driver going 50 mph will travel nearly the length of a football field before coming to a complete stop,” the FLHSMV said.
There are three types of distracted driving:
Unwrapping your chicken biscuit or reacting to a ketchup spill could do all of those, with results as disastrous as any drunk driver. Better to save it till you get home.
C. A. Bridges is a journalist for the USA TODAY Network-Florida’s service journalism Connect team. You can get all of Florida’s best content directly in your inbox each weekday day by signing up for the free newsletter, Florida TODAY.
This article originally appeared on The Daytona Beach News-Journal: Is it legal to eat or drink while driving in Florida?
Reporting by C. A. Bridges, USA TODAY NETWORK – Florida / The Daytona Beach News-Journal
USA TODAY Network via Reuters Connect
