Is it legal to eat a burger while driving in NC? Here’s what state law says
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AI-generated summary reviewed by our newsroom.
- North Carolina law permits eating while driving despite safety concerns.
- Distracted driving, including eating, caused 154 deaths in NC during 2021.
- A 2019 bill to ban eating while driving failed to pass the state Senate.
Grabbing a bite to eat or a drink from a drive-thru restaurant after work or school is a daily routine for millions.
But eating from a car – whether it is a burger or even chips – is considered a form of distracted driving, considering you’re temporarily taking your eyes off the road to snack.
“Any action that causes a driver’s eyes or attention to shift from the road is considered distracted driving, including eating or drinking, putting on makeup, adjusting the radio volume or even engaging with other passengers in the vehicle,” according to the N.C. Department of Adult Correction.
Drivers, says the N.C. Department of Transportation, “are more likely to react slower to traffic conditions than drivers who are focused on the road.”
North Carolina Insurance Commissioner Mike Causey, who has cautioned against distracted driving, indicated that eight people per day, on average, are injured as a result of inattentive driving incidents.
In 2021, there were 154 deaths and 23,000 injuries reported in North Carolina as a result of distracted driving, according to the most recent data available from the N.C. Department of Insurance.
Eating while driving may be unsafe, but is it legal in North Carolina? Here’s what state law says.
Is eating while driving legal in NC?
According to North Carolina’s Hands-Free law, texting and emailing while driving are prohibited, but eating while behind the wheel is legal, The Charlotte Observer previously reported.
A bill that would have made eating behind the wheel illegal was introduced in 2019, The News & Observer reported, but it stalled in the Senate.
Opponents of the bill argued at the time it would hurt restaurant revenue in the state if it became law.
“You’re going to shut down every drive-thru restaurant and fast food place in the state of North Carolina,” Rep. Larry Potts said in 2019. “I got a real problem with not being able to have a cup of coffee in your console or a soft drink.”
How to eat safely while on the go
Here are ways drivers can make eating in your car less common, according to the Greenville-based Hardee, Massey and Blodgett law firm:
- Consider waking up earlier so you can enjoy breakfast at home before you leave the house.
- Pack a lunch and eat at work.
- If you have to pick up food at a drive-thru, consider pulling over and eating before getting on the road.
- If you are taking a road trip, take breaks. Stop to use the restroom and have a drink or snack at the rest area.
This story was originally published August 30, 2025 at 5:00 AM with the headline "Is it legal to eat a burger while driving in NC? Here’s what state law says."