While this case seems to hinge on 0.05 or 0.08, there would be very few cases such as this - as far as I can ascertain from published results of breath test campaigns, there are very few that fall between these figure - nearly all drivers tested are way under 0.05 or way over 0.08.
A possible issue with setting the limit at zero is that as detection equipment improves, it is likely that readings above 0.0 will appear where the driver may have inadvertently breathed in small quantities of ethanol used as a solvent in various toiletries and external medication, or other incidental occurrences. For this reason, as specific non-zero threshold, for example 0.0001 would be preferred.
If you compare the statistics for over the limit drivers between those involved in accidents and those measured in random breath tests, it is clear that being over 0.05 means the driver is anywhere from twenty to fifty times more likely to have an accident. This is by far the most important known risk factor, way above experience, age, vehicle type etc, even whether disqualified, although I suspect that as drug detection methods improve, similar risk factors will show up for other drugs.
John
JDNSW
1986 110 County 3.9 diesel
1970 2a 109 2.25 petrol
You only get one shot at life, Aim well
2004 D2 "S" V8 auto, with a few Mods gone
2007 79 Series Landcruiser V8 Ute, With a few Mods.
4.6m Quintrex boat
20' Jayco Expanda caravan gone
Mouthwashes usually contain ethanol, so it could raise a reading if taken soon after using the mouthwash, but it would dissipate over time. Better to rinse the mouth with water before a breath test. That won't change the blood alcohol reading, of course.
You only get one shot at life, Aim well
2004 D2 "S" V8 auto, with a few Mods gone
2007 79 Series Landcruiser V8 Ute, With a few Mods.
4.6m Quintrex boat
20' Jayco Expanda caravan gone
You only get one shot at life, Aim well
2004 D2 "S" V8 auto, with a few Mods gone
2007 79 Series Landcruiser V8 Ute, With a few Mods.
4.6m Quintrex boat
20' Jayco Expanda caravan gone
Which is why, if you job depends on it, I would get a blood test if recording a positive reading on the screening device. The screening device most workplaces seem to use, is the same as the police use for roadside breath tests...but for police they are not admissible evidence in court. They can be inexact. That screening device gives the indication that you are over the limit and then the police must take you to and use a certified calibrated breath analysis instrument, either in the booze bus or at the station and submit that reading as evidence.
You only get one shot at life, Aim well
2004 D2 "S" V8 auto, with a few Mods gone
2007 79 Series Landcruiser V8 Ute, With a few Mods.
4.6m Quintrex boat
20' Jayco Expanda caravan gone
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