alcohol while driving

Someone up here in Qld was talking about this yesterday - they say the law is that you cannot drink alcohol while you are driving, and passengers also are not allowed to consume alcohol while in a moving vehicle - - I had always thought that as long as the driver was not drinking, and under the limit you were ok - interesting to see what is right here.

Hi Muntoo,

The term use, in relation to mobile phones in Qld, means holding it in your hand as well as actually talking and includes turning on, txting, dialling.

Same as if you are holding an open can of alcohol while driving and put it to your mouth it will be taken that you are drinking from it.

Just having it open would be enough; you'd hardly have it open in a car if there was no intent to drink. Surely, drinking in a public place would have to apply.

Mh

Would depend on the definition of a public place.

Car is private, but on public road.

Front yard of a house, while on private land is public, therefore it is possible to get fined drinking in your front yard.

Would depend on how the law is interpreted.

It was about 7 years ago, I was working in Hardware, enjoyed the olf talle for the 30k trip home from work.
A copper that I had helped to organize materials for the builder to construct his place, swung on by work one day and pulled me aside, to let me know the Bob Carr had done a deal with the Greens, he needed their support, so he gave into them that there was not to be any open container of alcohol in the vehicle. Doesn't matter if it is the driver or not.

Thanks Mate.... always some politician selling us out!

Of cause their do mate,(some politician selling us out), the copper himself agreed it is a sham.
I used to love having a cold one on the way home.
He said it was ok for me to go across the road and have a midi of beer, and then drive home. But it's not legal to sip on a beer over a 30k trip as I drove home.

Now a lot will jump up and down about alcohol and driving, and I gree to a point, but give a bloke a break.
What about the tools that use their mobile phones or the mother with three screaming kids in the car or the pensioner with the toy dog yapping and jumping all through the vehicle and lets not forget the idiot that lost in a strange town trying to make sense of the GPS telling them that they have taken the wrong turn.
There are a hell of a lot of other distractions that people drink with other then having a beer as they drive home in the quite.
Now I'll crack a coldie, sit back and watch the incoming flak.

Arh, that's better.

"here are a hell of a lot of other distractions that people drink"
Should be Drive.
See you don't have to be driving, to be distracted. :)

Your point is taken, but alcohol while driving, do people really have that need?

Our mate Harold Scrubby would have a field day if you were involved in an accident, imagine the news report...

“The driver of the enormous four-wheel vehicle, with lifted suspension, failed to stop in time at the crossing and the pedestrian was struck by the massive bull-bar attached to the vehicle. It is alleged the driver of the four-wheel drive was drinking a can of beer at the time....”

LOL, you’ll need it as you get slammed down harder than a cane-cutter downing his first beer on a Friday night (okay not many cane-cutters around these days..but I’m sure you get the picture)

Just don’t go there, have a drink when you can sit down and enjoy it without other distractions.....

Cheers, The Landy

Hi Landy,
"Just don’t go there, have a drink when you can sit down and enjoy it without other distractions..... "
Mate, thats kind of you to take my kids a couple of times a week.

I do get were your coming from, however, were I live, in a rural area, see maybe three cars in the 30k trip on the way home if we're lucky, it's not as if we are either on a freeway or traveling through suburbs with school kids, soccer mums, buses and traffic pulling out of an intersection every 200 meters.

Hmmm, sit on 90-95k's listen to the radio or slip in a cd of Led zeppelin or maybe the Gunners and cruise on home.
20 minutes of bliss before the storm hits.

No different to a can of coke Landy

Send em round Hairs, anyone who lkes Led Zepplin gotta be alright!

And Luke, last I looked Coke didn't have alcohol in it....so I guess it is different, but let's not get all wound up here, you get to choose what you do, I've no problem with that.....

Cheers, The Landy.....

No worries Landy,
more than welcome anytime mate,
I'm sure I can find a nice cold coldie, and some cool tunes to listen to.

Yep,

Cannot even take empties to the recycle centre in the car or SUV, they must be in the boot.

Bruce
Currently in USA

Sooner they make that the law in Australia, the better!

This from a Vic Traffic Lawyer website:
Your Legal Rights and Obligations.
The Victorian Motor Traffic Law FAQ.
-It is not an offence to be asleep at the wheel of your car while you are over the legal limit , even if the engine is running. However, it is an offence to start the motor of a motor vehicle while you are over the legal limit. If you are awoken by the police when sleeping in your vehicle, you do not have to submit to a breath test (unless you are then attempting to start or drive the vehicle, or you have been a driver when involved in an accident in the preceding 3 hours), and you are not obliged to accompany the police to any place. The police will usually ask what time you were last driving the car, as this information is requried to prosecute a drink driving offence. The police can not prosecute a drink driving offence unless they know when the driver last drove the car.
-The offence of drink driving is committed by a person who is over the limit and has an intention to start or drive a motor vehicle, even if the person did not even start the engine.
-Drink driving offences can be committed anywhere within the State, even in your locked garage.
-All of the usual drink driving laws apply to driving on private property.
-All of the motor vehicle accident laws apply to accidents on private property.
-The majority of driving laws do not apply on private property (e.g. seatbelts, speeding).
-You are not obliged to produce a drivers licence (or be licenced) unless you are found driving on a "highway".
-A private road or driveway on a farm might still be a highway if it is open to the public for driving.

Drink driving is a serious matter and obviously can lead to tragic circumstances, but I like the old joke:roadside traffic sign "Don't Drink Drive" under which some wag had written "or any other soap powder".

Now this is interesting, if I get drunk in me mobile home at a free camping spot I'm liable for a drink driving test and could go to court.

But if I'm drinking in my attached caravan I should be right!....... Hmmmm the law is an A...e This is a grey area me thinks.

Cheers.

The law is okay Roughie, it's the application by a few officious mini-megalomanics that bring it into disrepute (you'd be okay 99 times out of a hundred, but there's always one, as the saying goes). One would hope that common sense and discretion would be applied (probably more likely from a long time bush copper), but the key is 'intention to drive'. Unfortunately once the ticket is written it's off to court if you don't agree, and we all know the expense and inconvenience associated with that.

I would be very interested if you could post a link to anything that may confirm this.

I was told directly by the police officer after I went through the booze bus after drinking in the car (Not very proud of it though). I had half a can on the way home. I tried to hide the fact that i was drinking in the car. After they asked me to step out of the car so they could move it I had to confess that I had an open container in the car and that I had been drinking behind the wheel. His exact words to me were "There is no need to lie to us, drinking while driving is legal in Victoria you just can not be over the limit". He gave me fifteen minutes, I blew under on the second test and he sent me on my way.

I rang a friend who is ex TOG, whereas you may be correct, the police officer has the discretion to charge a driver that is drinking or eating whilst driving with not being in proper control of a vehicle.

They also are allowed to take you back to the nearest police station (and waste an hour of your time) for your second breath test, so probably not the best idea to drink behind the wheel even though it is legal.

Shaker: a police officer has the "discretion" to charge you with almost anything! However, thank God, as yet they do not have either the power or discretion to "convict" you of anything. They are simply clerks in a uniform - it is the courts who decide what is an offence and what is not - Mr Plod has no say in the matter.

NM

The courts decide guilt or innocence!

Ah yeah the good old days in S.A. I remember a mate of mine being pulled over and the cop asked if he had been drinking and driving.

His responce well I'm to drunk to walk!

Cheers

Only beer? I'm sure the law extends to a can of Bundy & Cola too.

This is NSW relevant it would seem, info is from Sydney lawfirm.

Taken from RTA Demerit Point Offences

SAFETY OF DRIVER/PASSENGERS
Driver consume alcohol while driving
Fine $258
3 points
Road Rules 2008
Rule 298-1

Cheers,
John

This is the same thing but taken from the NSW version of the Aust Road Rules.

298–1 NSW rule: drinking while driving

(cf RRR, cl 47E)

A driver must not consume alcohol while driving.

Maximum penalty: 20 penalty units.


Note. This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.



Ian

Landy I tend to agree with you... Yes I used to do exactly the same thing and a drink in my hand as I trundled along the highway, but back then I was flat out at 145kph and there was about 1/10 the amount of vehicles on the road. I believe in this day and age with the power of (for example SS Commodore or WRX) and the amount of other road users, maybe or kids and grand kids would do well to just concentrate on driving...

Thankfully we have speed limits now!

We did then. But not in the bush. It wasn't needed. People were responsible and respected other users. Yes SA Blaze, I recall those days. 8 hours Liverpool to Portsea and NO FREEWAYS and only single lane roads. And lots of other drivers who would sit with you a while and wave as they turned off. Driving was a real pleasure. And for the critics most times all 99% drivers, me included, mainly sat around 60 to 70 MPH. Shaker, do the mathematics on that and I think you may be surprised. And almost happily sat on 35MPH in built up areas.

We need it now in the bush because there is an element that doesn't give a rats for others rights.

Thats why, apart from being illegal, that I wouldn't do dare drink alcohol while driving now. I am also very careful if I even drink coffee while driving.

Phil

I was given a breathaliser once that gave a low reading. The only thing in my system was coffee. Apparently the sugar which I have in my coffee, can ferment in the stomach, giving a false reading.

A few years back a toddler here was admitted to hospital. Turns out the child was drunk. On apple juice. Fermented in stomach.
I admit you need a lot of juice/sugar etc for these to happen. I use to have up to 20 coffees a day. 2 sugars in each is a lot of sugar apparently.

For exactly the same reason a mate who only rank orage juice had to give it up. It really went to his head and sometimes he acted drunk.

Phil

Depends somewhat on your body mass, recent food intake and metabolism, physical condition etc, but in general for an average size person (which is how the rule of thumb operates) it works. Even if you blow over 05, for most people a blood test will return under the limit under that scenario. Of course being under the limit says nothing about the effect on your driving ability though. I'm sure we've all seen the one/two pot screamer or felt the light-headedness after being out in the hot sun then quaffing a coldie.

This site has an easy to read summary of alcohol absorption and elimination.

But doesn't that 0 limit only apply when your working in the passenger industry? For personal driving you should be allowed 0.05

Probably but I observe it 24/7/365

At least we now know why you are such an angry person.
CCK

Am definitely not angry but am not afraid to state an opinion and stick to my principles.

One of which is not to drink and drive.

Some others would be better for doing the same and not just bagging people for what they believe.

CCK

At least I made a contribution to the thread.

Member - Graham H (QLD) posted:
Probably but I observe it 24/7/365

So every 4th year on the 29th of April, you let your hair down and indulge in one or two behind the wheel? (TIC)

Perhaps in leap year which occurs in February in most places I may, but not likely

Are you sure your birthday isnt the 1st April. LOL

Hmmm Graham,
dunno why I had April on my mind, of course it is Feb.

Cheers,
Dion.

Rofl.