NSW Drink Driving & Traffic Offences

Is it illegal to drink an alcoholic drink while driving (fully licensed) if you don't exceed 0.05 ?

I have always been curious about this?

What state are you in?

In NSW it is an offence. It is Regulation 298-1 of the Road Rules. The maximum penalty is $2200.00

Hopefully this helps. i will find out for the other states and post them up for others.

Oh wow. I had no idea.

I am in NSW.

I am pretty sure that it is a Council charged offence in Victoria. I have not come across a client ever being charged with it. Needless to say there is no surer way to get yourself pulled over by the Police. They would make you wait at least 15 minutes before they tested you. So in practical terms you should drink at your house or a licenced premises but not in your car. And always remember that it is pretty easy to get over the limit so be very careful about the amount that you drink.

The council or local regulation offence would be for drinking in a public place and so if charged you could possibly run the defence that the vehicle is not a public space.

So far as I am aware, there is nothing in the Road Safety Act or the Road Rules that make it an offence to drink whilst in a car.

As Victorian Lawyer rightly points out the police will certainly disapprove and make life difficult for you if they see you (particularly if you are the driver) drinking alcohol whilst in a car.

I really can't see what the big deal is if your not over the limit.
I know of heaps of people that do it - truckies mainly.

Of course you are attracting attention to yourself doing so. Its almost like driving around with a super loud exaust. Sooner or later they will get you.

Australia has stiff laws about drinking alcohol and driving. Australian Police are authorised to stop any vehicle and breath test the driver at any time. So If you are going to have a drink the best advice is not to drive at all.

For Victorians the Pollies have anounced today that there is a push to legislate against driving in a car while under the limit. See the news article in the forum index.