Many people wrongly believe that you can avoid being charged with drink driving if you can ‘handle’ your alcohol.
The truth, however, is that there are different types of drink driving offences. If you find yourself charged with a drink driving offence, you should contact a Brisbane Drink Driving Lawyer immediately.
Under What Circumstances Will I be Charged with a Drink Driving Offence?
Law enforcement uses a breath analyser to see if you have been drinking. A breath analyser measures the level of your Blood Alcohol Concentration (BAC).
If you fall under the following categories, you will be contravening the law unless your BAC is zero:
- You are a learner driver.
- You possess a provisional, probationary, or restricted licence.
- You have acquired a RE motorcycle licence for under 12 months or are a learner driver of a class R motorcycle.
- You are the driver of a tractor or a specially designed vehicle.
- You are the driver of a truck, bus, articulated vehicle, road train, a vehicle with a risky load, a tow truck, pilot vehicle, limo, or a vehicle used by a driving teacher.
If you’re among the rest of the drivers, you will be regarded as over the legal limit if your BAC is 0.05% or above.
When your BAC is 0.15% or above, you are classified as high-range, and the charge increases to one of driving under the influence of liquor.
Mid-range Offences
Driving or being ‘in charge’ of a vehicle with a BAC of between 0.1% and 0.15% is classified as a mid-range drink driving offence. In this case, you should seek legal advice from Brisbane Drink Driving Lawyers.
Are You Breaking the Law if You Have Been Drinking but You are Just in the Car and not Actually Driving it?
You do not need not be driving a vehicle to be considered in charge of a motor vehicle. If you are in charge of a motor vehicle, you still face the same punishment as a person who is caught operating their vehicle. Being ‘in charge’ of the car means being above the BAC limit, and –
- You attempt to start the engine.
- You attempt to move the vehicle.
- You are in the front seat, with the car keys.
If You Have Been Drinking, Are You Permitted to ‘Sleep it Off’ in Your Vehicle?
You are not allowed to ‘sleep it off’ in the car. Even if you rest in the backseat, you will have to prove that you were not ‘in charge’ of the vehicle. The police do not have to witness you driving the car for you to be potentially charged with a crime just by you being in the car over the BAC.
Conclusion
Being charged with driving under the influence can occur even if you do not intend to drink driving. You could be over the limit without realising it. If you find yourself in this position, you need to contact Brisbane Drink Driving Lawyers to be adequately advised and placed in the best position to deal with these offences.