Thread: About to lose my licence

Blood alcohol is the only thing that counts legally. That's why when a breath test is positive the cops have to take the person to the station for a blood test.

What would happen if you challenged the breath result for being legally invalid and demanded a blood alcohol test? Does the work enterprise agreement cover that and require a blood alcohol test?
If a person was denied the chance to work on the basis of a legally invalid breath test, could they sue the employer for compensation?
The unions should be on to this and defending the human rights of their members.

i'm curious what made the OP think 3 drinks in 2 hours was a long enough time.

all the govt adverting since i was a kid says 1 drink, wait 1 hour.

edit: not trying to criticize.

Originally Posted by DiscoMick

What would happen if you challenged the breath result for being legally invalid and demanded a blood alcohol test? Does the work enterprise agreement cover that and require a blood alcohol test?

No.
There are very rarely the facilities to conduct a blood test on site and every workplace agreement I have seen states that BAC tests are to be conducted by breath tests only.
After EVERY site induction I have done ( I have done hundreds of these) you sign off agreeing to this as a condition of employment.

If a person was denied the chance to work on the basis of a legally invalid breath test, could they sue the employer for compensation?
The unions should be on to this and defending the human rights of their members.

What Unions?
Most minesites do Not have ANY Union representation any more.

Originally Posted by DiscoMick

The unions should be on to this and defending the human rights of their members.

Phhh, when I was a union rep I brought this up with the union...their attitude was...you do the wrong thing...we won't defend you.....

Originally Posted by DiscoMick

That's why when a breath test is positive the cops have to take the person to the station for a blood test.

I cannot speak for Qld but I do not know of any other jurisdiction that actually does a blood test - they use the accurate breath tester that gives a reading that correlates to the blood level - there is no direct testing of blood.

In cases of accidents etc the required drug and alcohol testing may include blood testing at a hospital but not the police station test.

If a person was of the belief that they were under the limit when stopped but blew positive at the police station then going straight to a medical facility and getting a blood test may assist when the case is held at court as a qualified medical type can use that blood test to calculate actual blood level at the actual time when stopped. But most don't.

Garry

Last I heard, if you refused a breath test in Qld they could take you to a medical facility for a blood test, or you are charged with high range BAC. No breath or blood test, no defence.

Originally Posted by donh54

Last I heard, if you refused a breath test in Qld they could take you to a medical facility for a blood test, or you are charged with high range BAC. No breath or blood test, no defence.

yeah, its a case of guilty until proven innocent.

I have no problem taxing guys drink driving. Fine for drink driving should be around $20,000, allowing payment plans or from tax return