Drinking and driving/riding

mick_dundee · Post by **mick_dundee** » Mon Jan 23, 2012 8:27 pm

Anyone know the "legal" viewpoint on this? Had a discussion with a mate on this recently, do know it is illegal to ride/drive with over .05 grams of alcohol in the system "assuming full license here" just wondering what the ramifications are if I am having a stubby of beer whilst driving but still under the legal limit?

Further to that, if the above is illegal then can I legally drink a can of coke (unaltered)?

If so, why the discrepancy??

UncleChopChop · Post by **UncleChopChop** » Mon Jan 23, 2012 8:37 pm

smithy5 · Post by **smithy5** » Mon Jan 23, 2012 9:21 pm

In NSW you can drink then drive as long as you under .05 ..... but you are not allowed to have open alcohol in the vehicle whilst driving even if your under .05....... So yeah.... big discrepancy.
Same as the mobile phone argument. You cannot talk on a mobile unless it's hands free, but you can drive with a can of coke in your hand. Stupid rules.....

Kermit · Post by **Kermit** » Mon Jan 23, 2012 9:30 pm

A bit off topic, but I came across this as legal defense against a DUI charge in NSW.

It is a little known fact that the police are not allowed to require you to undertake a breath test if more than 2 hours has passed since you last drove a car. What this means is that if you were tested more than 2 hours after you drove, it may be possible to have the evidence of your intoxication thrown out of court.

Most often, police stay well within the two hour rule, however, there are times when the rule is breached. This is most common in situations where police attend at the scene of an accident. Not infrequently, by the time the police arrive at the scene, more than 2 hours has passed since the time of the accident.

&

Equally unknown is the ‘home safe’ rule. This rule states that it is illegal for the police to require you to submit to a breath test at your home. As with the two hour rule, if police breath test you in breach of that rule, we may be able to have the evidence of your reading thrown out of court.

The precise legal meaning of what is a person’s home is complex (eg. is the driveway of a block of units your home?). However, if you think you may have a possible defence on this basis, talk to us about it.

http://www.armstronglegal.com.au/web/pa ... ing_charge

Now now, don't be thinking of guy martinening it home whilst pissed evading the rozza's in pursuit or hiding for 2 hours, to get off the DUI charge is the right thing to do.......

mick_dundee · Post by **mick_dundee** » Mon Jan 23, 2012 9:38 pm

Now I know of at least one person here that's a copper, his perspective would be quite welcome, i'm led to believe there are a few others so from a legal standpoint, i'm curious as to where the law stands on this.

z900/zx9 · Post by **z900/zx9** » Mon Jan 23, 2012 9:40 pm

victoria just changed the law and definetly no drinking while driving even if u are under the limit

dutchy · Post by **dutchy** » Mon Jan 23, 2012 10:02 pm

z900/zx9 wrote:victoria just changed the law and definetly no drinking while driving even if u are under the limit

Correct. As for drink driving in victoria "home safe" is bullshit, infact, drink driving legislation is applicable on private property regardless if you are on any sort of road area or not. Eg. If your pissed driving out in a paddock bomb you can be done for being over the limit.

Hypothetically, if you were actually caught drinking alcohol while driving you would breath test remarkably high, which in victoria means that you would be requested to attend the local station for further testing anyway.

I have a few friends who are police in victoria.

Kermit · Post by **Kermit** » Mon Jan 23, 2012 10:09 pm

I'm no cop; but I can think of a scientific & legal reason as to why cops don't want you consuming alcohol literally whilst driving or riding

BAC (Breath Alcohol Content) by your average road side Breathalyzer is not 100% accurate, there is a specific reason why a police officer asks you when was your last drink?

Its because if you consume an alcoholic beverage within 20 mins of doing a road side breathalyzer, its gives a raised false mouth alcohol value on your breath; so you could be over the limit according to that machine when you are actually not.

Its not until you go to the booze bus or station breathalyzer (most cops wait 20 mins before repeating BAC, if you told them you had a drink in the last 20 mins) to be tested or have your blood alcohol level sample taken where you may or may not be charged for DUI.

Mick, I think your question will be accurately answered here:

http://www.trafficlaw.com.au/forum/index.php, its specific to victoria.

aardvark · Post by **aardvark** » Mon Jan 23, 2012 10:16 pm

There are simply too many states, with too many variances on simple laws.

I will say, before you believe the urban legends for your own state, that you should check the appropriate legislation. In Vic, try this:
http://www.legislation.vic.gov.au/Domin ... 27a113.pdf

hoffy · Post by **hoffy** » Mon Jan 23, 2012 10:44 pm

I thought it was ok as long as you take the back roads??

mick_dundee · Post by **mick_dundee** » Tue Jan 24, 2012 12:02 am

I don't have a problem with drinking and driving, i'm merely curious as to how the law applies to drinking whilst driving, ie open containers be they alcoholic or not, clearly it sees nmto vary state by state so i'll delve into the law as per Victoria then work from there

Working my way through Aardy's link, fark me there's a shitload just there and that's just one part of the road safety act, glad i'm not in your job too much like hard work remembering all that

Leanne · Post by **Leanne** » Tue Jan 24, 2012 6:43 am

Why would you want to drink alcohol while driving anyway? Bit like the houso's walking down the street trying to be discreet, drinking with their bottles wrapped in a brown paper bag cause they can't wait till they get home.

Naked Twin · Post by **Naked Twin** » Tue Jan 24, 2012 7:21 am

blackster wrote:A bit off topic, but I came across this as legal defense against a DUI charge in NSW.

It is a little known fact that the police are not allowed to require you to undertake a breath test if more than 2 hours has passed since you last drove a car. What this means is that if you were tested more than 2 hours after you drove, it may be possible to have the evidence of your intoxication thrown out of court.

Most often, police stay well within the two hour rule, however, there are times when the rule is breached. This is most common in situations where police attend at the scene of an accident. Not infrequently, by the time the police arrive at the scene, more than 2 hours has passed since the time of the accident.
&

Equally unknown is the ‘home safe’ rule. This rule states that it is illegal for the police to require you to submit to a breath test at your home. As with the two hour rule, if police breath test you in breach of that rule, we may be able to have the evidence of your reading thrown out of court.

The precise legal meaning of what is a person’s home is complex (eg. is the driveway of a block of units your home?). However, if you think you may have a possible defence on this basis, talk to us about it.
http://www.armstronglegal.com.au/web/pa ... ing_charge

Now now, don't be thinking of guy martinening it home whilst pissed evading the rozza's in pursuit or hiding for 2 hours, to get off the DUI charge is the right thing to do.......

Be wary of the not being able to be breath tested on your own land. Whilst technically that is correct the Police can still take you back to the station for breath test and you can be charged for PCA or drink driving.

DUI is actually for driving under the influence of drugs

z900/zx9 · Post by **z900/zx9** » Tue Jan 24, 2012 7:29 am

Leanne wrote:Why would you want to drink alcohol while driving anyway? Bit like the houso's walking down the street trying to be discreet, drinking with their bottles wrapped in a brown paper bag cause they can't wait till they get home.

Houso's now theres a Tv show worth watching a classic Sbs program

Glen · Post by **Glen** » Tue Jan 24, 2012 7:55 am

hoffy wrote:I thought it was ok as long as you take the back roads??

...and so long as you're drinking a long neck......stubbies are sawft.

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