Thread: Discussion: BAC limits, readings and trace quantities in foods.

Originally Posted by CraigE

I would challenge that as the only admissable reading in court is that of the secondary test on the evidentiary machine. These readings will seldom be discredited in court. There is nothing to say Pplaters can not drink, just they can not drink and drive.

She was convicted on her evidence not the second test, although as she did not contest the conviction, I assume no test was presented to the court, only her own evidence against herself. Obviously, given a decent lawyer, the second test could have been used by the defence to sway the court. But since a guilty plea was entered, it did not arise.

John

Originally Posted by JDNSW

She was convicted on her evidence not the second test, although as she did not contest the conviction, I assume no test was presented to the court, only her own evidence against herself. Obviously, given a decent lawyer, the second test could have been used by the defence to sway the court. But since a guilty plea was entered, it did not arise.

John

So, if i'm on my full licence (0.05 BAC - which i am), when they ask "have you had anything to drink?", and i say "yeah, 8 beers", do i loose my licence? I don't believe that. I could've had them any time. Hours ago.

Regarding the above quote, she would've had to say something like "yes i had a drink in the last hour". If that was me, i would've said "hang on, you didn't let me finish my sentence. I was going to say that i had a drink for breakfast - 12 hours ago"

As already mentioned, their is no law against P platers drinking alcohol, even if they drive later the same day. The law is .00. IMHO, you could say you've drank a slab in the last hour, but if you blow .00 you should be fine. However, it appears that i'm wrong.

I think the real question is: How long does it take for the brandy in the Chrismas pudding to be completely out of your body?
Or: How long after drinking 1 beer are you back to 0.00 BAC (not 0.02, not 0.0002, but zero)?

Originally Posted by Bulldog

So, if i'm on my full licence (0.05 BAC - which i am), when they ask "have you had anything to drink?", and i say "yeah, 8 beers", do i loose my licence? I don't believe that. I could've had them any time. Hours ago.

Regarding the above quote, she would've had to say something like "yes i had a drink in the last hour". If that was me, i would've said "hang on, you didn't let me finish my sentence. I was going to say that i had a drink for breakfast - 12 hours ago"

As already mentioned, their is no law against P platers drinking alcohol, even if they drive later the same day. The law is .00. IMHO, you could say you've drank a slab in the last hour, but if you blow .00 you should be fine. However, it appears that i'm wrong.

I think the real question is: How long does it take for the brandy in the Chrismas pudding to be completely out of your body?
Or: How long after drinking 1 beer are you back to 0.00 BAC (not 0.02, not 0.0002, but zero)?

It would be the guilty plea that hurt her. If it did go to court the correct judgement would have been not guilty.
As far as brandy in pudding as most pudding is heated or cooked most of the alcohol is actually cooked out of it with only the flavouring remaining (speaking as a chef). Generally only cold deserts retain alcohol content and even then it is fairly minute in most cases, maybe except for someones rum balls.
There is no real definitive answer for how long alcohol takes to exit your system, each person is different, if you have eaten, body size, metabolism. 0.00 is difficult.

In NSW the old scenario of guys having 2 standards in first hour and one every hour after has changed. These guidelines are not given any more as it was found that even if people followed these they were quite often still over or way nder the limit. Although the body is meant to metabolise 1 standard an hour it changes from person to person so now the rta/cops actually just say don't drink and drive. Now because a lot of people are on medication which often alters metabolism this has been part of reasoning for the change I believe.

Personally I have decided that I won't have more then a taste of wine, so about a quarter of a glass within hours of driving and although this limits me sometimes if I ever was in a prang of any sought I'd fell a hell of a lot more awful knowing it may of been avoidable if I had not had the whole glass of grog before driving.

There is the old saying from aviation circle - "twelve hours (often quoted as 24 hours) from bottle to throttle". I know several people (none of them P platers) who refuse point blank to drive if they have had anything to drink within 24 hours previously (or refuse to drink if they expect to have to drive in the next 24 hours).

John