drink driving questions

lol.. The reading I blew in the bag was 0.065, but at the station, by the time I waited for 15mins or whatever it was, it was down to right on 0.050.
They didn't give me a fine on the spot, just gave me a summons to go to court.
So I went to court, and spun a lot of ****.
They waved the fine, and put me on a 12 months good behaviour bond instead, cause I'd had a good driving record.. till I got done DUI.. lol

 

I'm sure this has already been addressed, however this chart is very good for general knowledge

Beer in Australia - Wikipedia, the free encyclopedia

 

Often wonder this myself actually, can anyone answer?

 

its entirely possible to get done the next day. its recommended that you wait 1 hour per standard drink before you jump behind the wheel. but its only an approximate.
if i drink the night before, i don't even think about getting behind the wheel for 12 hours.

 

Yeah, it happens. I remember a couple of cases when I was young in Perth when the limit was .08. If you want to find info I'd suggest a google search like "dui "next morning" court site:.au" without the outside quotes. Having a binge and driving the next morning is a no-no.
You'll find things like this one: Still DUI the next day | Sunshine Coast News | Local News in Sunshine Coast | The Sunshine Coast Daily

 

yeh i normaly wait about 14 hours
I own a breath tester don't know how it reads compared the police ones but one time i had only 8 beers then 14 hours later 0.07
But mine was on today tonight and on there testings it was 0.01 reading lower then police ones

 

Not surprised, though I'm not usually in a state I'd like to be driving in anyway after a big night!

 

what stumps me people say this one standard drink per hour...But no one has ever states how many hours can you do this????
Even the signs at the club


But as i stated befor hand them 8 beers were in about 3 hours

 

2 'standard' drinks does NOT put an average man under .05, it puts you ON 0.05.
0.05% B.A.C is OVER the legal limit, because Blood Alcohol Volume must be UNDER 0.05, for a full(unrestricted) licence holder to be legally allowed to drive.

"The general rule of thumb is that 2 "Standard Drinks" in the first hour will raise your BAC to 0.05%, and one "Standard Drink" per hour thereafter will maintain that level."

Standard Drinks As A measure Of Alcohol Consumption And Intoxication

So continuing to consume 1 standard drink per hour, will continue to keep you 'at' .05, not under .05.

But it's probably safe to assume that the longer you drink, the slower your body will be able metabolise alcohol.
Because the more you drink, the further dehydrated you get, and the harder it will be for your liver, kidneys and urinary system to remove the alcohol from your blood.

 

Is that right? I thought the charge was excess 0.05. Is that just a WA thing as that's the way I remember it from years ago? Could easily be wrong. What are you charged with over this side of Au. I've never had the pleasure of finding out in person.

edit:
[PDF]
Repeat drink-driving offenders in Western Australia 1984 to 1991
File Format: PDF/Adobe Acrobat - View as HTML
Excess 0.05% (introduced in 1993 following the introduction of uniform ...... Roads and Traffic Authority (NSW),. Road Safety Bureau. Research Note RN 8/92. ...
https://www.infrastructure.gov.au/roads/safety/publications/1996/pdf/Alc_Repeat.pdf

 

There are different 'ranges' which I can't remember exactly, a google search may find it.
But roughly there's Special range .00 - .02, I think for those who are probationary? Or something like that..
Then Low range, I think .02 - .03?
Then medium .03 - .05.
Then high range is basically anything over .05.. or something like that, I forget now..
That is just to give an idea, but it is in no way accurate..
The charges for being .05 or over, can range anything from a 12 months good behaviour bond(which I got, as I'd had a clean record up to that point), up to a big fine $$$$, loss of licence, jail time..
It depends on the courts, the mood of the judge on the day, your driving record, your actions at the time you were pulled over, and a bunch of other factors.. lol

 

I appreciate your continued input but your claim has changed from what you said in the post I responded to. In WA at least the charge is _excess_ 0.05, not being 0.05 as you said before. You were saying being 0.05 is illegal whereas in WA at least it's being in _excess of_ 0.05. Seeing as WA did this to bring it's laws in line with other states, as it was 0.08 at the time, I would think it's _excess_ 0.05 in all states. Not much diff between on 0.05 or excess of it, I know, but the law is very technical on these matters...

 

Keep in mind (dont think its been mentioned yet) you can be fined for driving while under the influence but still under .05.

 

How on earth can they prove that?????????
Say being under .05 and get charged with being under influence???
How? As i have never heard of this befor

 

And how would they prove this in a court? There's a reason there are set limits.
Drink Driving (DUI) Offences | Drink Driving Charges, Penalties, Sentences & Fines

I'll happily agree with you if you show me some evidence.. Alcohol related..

 

I didn't change my claim, but that's how it was last I knew.
There used to be an old tv ad, a little tune they would sing saying- "Be under 05, or under arrest."
The problem is everyone has a different metabolism, so the practise of religiously drinking 'exactly' 1 standard drink per hour, and expecting to stay on exactly .05 or under, no matter how many hours you drink for, is an exercise in stupidity.
1 'standard' drink for an 'average' man will give a reading of around .02, 2 standard drinks around .04...
But depending on build and metabolism, this can vary anywhere from .02 - .04 for 1 drink, the 2nd drink .04 - .08, and so on.. and if you lose track of the time and happen to overlap one drink to the next 'within' an hour..?
So it's better to 'aim' to be under .05, because how do you calculate(while drinking) the difference of being 'exactly' .0500, and going .0001 over, without your own tester?
And even if you did have one, it could be inaccurate anyway..

 

I understand all that but you did say, with definitiveness that being 0.05 was against the law. As I understand it it's excess 0.05.
Quote: "Blood Alcohol Volume must be UNDER 0.05, for a full(unrestricted) licence holder to be legally allowed to drive."

 

OK, but can you define the difference between .0499, .0500, .0501...?
Look at it this way, a 5ltr engine used to be 'labelled' as 5ltr's, even if it never actually was exactly 5000, it could of been like 4987 or whatever for arguments sake..
So it may as well be said to be 'under' .0500 blood alcohol volume, because the moment it becomes .05, how little does it take to go over .0500 if 1 standard drink can give you a reading of between .02 - .04?
It's like picking at differences of .0001.. which are impossible.

 

And sorry, I did forget to add, there 'can' be different charges for those different ranges I mentioned.
I just don't know exactly what those charges are, for each range, as well as all the different variables that go in to deciding the specific charge for the specific person...

 

Don't bring rounding in "marketing" into it. Since when has marketing been the bed of truth? Law is a different matter, you stated absolutes. I was questioning your absolutes. I've already said there's little diff between 0.05 and excess 0.05 so no point bringing that up. You stated something as fact in CAPITALS to make your point. I'm just questioning that and asking for your evidence. If you have none, admit you were wrong and we can all move on. Provide some and I'm wrong.. No dramas..