Kerry Splatt (AU Car Aciddent Lawyer)
Getting out and about and catching up with friends over a drink is something that us Aussies are very fond of. If you have had a drink or two, you may be wondering how long you have to wait until it’s safe to get behind the wheel. The answer can vary greatly depending on numerous factors. Here we’ll share some of them to help you determine whether you should be making alternative arrangements or not.
The Definition:
Different types of drivers licences have different legal alcohol limits, so what may be over the limit for one driver may not be for another. Drink driving is defined as driving with a Blood Alcohol Concentration (BAC) of more than the legal amount for your particular licence. It’s important to note that you can be charged with drink driving even when you’re not driving. Below are the legal alcohol limits for some of the most common drivers licences:
Open drivers licence
The BAC for an open drivers licence holder is under 0.05%
Provisional drivers licence
The alcohol limit is zero.
Learners licence
Is also zero
Don’t depend on counting your drinks
You’ve probably heard of using the counting drinks method to ensure you stay under the recommended alcohol level. For men, it’s 2 standard drinks in the first hour and then 1 thereafter, and for women, it’s one drink per hour. However, there are so many variables that can throw this out and see you over the limit. One of the more common ways people get caught out by following this method is assuming that the one drink they had was a standard serving, only to discover that it was one and a half or more.
Factors that can affect whether you are safe to drive or not
- Whether you’ve eaten or not
- Your age
- Your metabolism
- Your body weight
- Your overall health
We’ve mentioned just a few of the things that can affect how your body breaks down alcohol. It can vary significantly from person to person.
How long after your last drink should you wait to drive?
As a general guide, you should wait at least an hour for each standard drink. This gives your body time to process the alcohol and ensures you are competent to drive safely. Two standard drinks in the first hour for a male is said to bring your blood alcohol concentration up to 0.05%, and it will stay at this level when you continue to drink only one standard drink per hour. However, this is a very broad concept that shouldn’t be depended on, especially if you’ve had a couple of drinks.
How do I know if I’m safe to drive?
It can be tricky but, the best way to ensure you are driving under the limit is by waiting sufficient time after your last drink, minimising the number of drinks you have, and if you are in doubt, don’t run the risk and organise another way home. Another way you can go about it is by buying a breathalyser device. These can give you an indication of your BAC, but they can sometimes be incorrect, so if you are close to the alcohol limit and are ready to drive, perhaps wait a little longer just to be sure you aren’t even the slightest bit over.
What happens if I get caught driving over the limit?
The penalty for drunk driving differs depending on where you live in Australia, but at the very least, you can expect to receive a fine and a disqualification term. Upon blowing over the legal limit, you’ll be escorted to the nearest police station where you’ll be asked to provide a second breath sample. This equipment is more sophisticated than roadside breath testers. The secondary reading is your formal BAC. You will be given a notice to appear in court by police, and your licence will be disqualified immediately for 24 hours. You can then drive again until your court date. The Magistrate will formally charge you, and they will tell you how long you can’t drive for, and how much your fine is. If you want to apply for a work licence, you should ensure you have the necessary paperwork in order. We suggest seeking legal advice from an experienced lawyer.
(Information based on a low-range drink driving charge, more serious charges face harsher consequences.)
There is too much misinformation out there about drinking and driving, and even people who think they are doing the right thing can get pulled over with a BAC that’s too high. If you know you are planning on having a few drinks, order a cab or get a friend to pick you up, or if you are set on driving, make sure you are sticking with standard drink sizes, don’t exceed the recommended drinks per hour and wait for the suggested time after your last drink. The repercussions from driving and getting caught over the limit can be detrimental to your employment, ability to travel and maintain a regular life. It’s simply not worth taking the risk if you think there is even the slightest chance you may be over the limit.
If you have been caught drink driving, our team here at Drink Driver Lawyer are expert traffic lawyers and can help you navigate your way through this process to get you back on the road ASAP. Contact us today.
