illegal to drink in the car while driving if under 0.05?

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illegal to drink in the car while driving if under 0.05?

Postby Edward80 » August 19th, 2011, 3:41 pm

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?
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Re: illegal to drink in the car while driving if under 0.05?

Postby ddforum » August 22nd, 2011, 8:29 am

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.
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Re: illegal to drink in the car while driving if under 0.05?

Postby Edward80 » August 22nd, 2011, 10:00 am

Oh wow. I had no idea.

I am in NSW.
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Re: illegal to drink in the car while driving if under 0.05?

Postby Ainsley » August 31st, 2011, 12:17 pm

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


Does anyone know if this is the same in Victoria?
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Re: illegal to drink in the car while driving if under 0.05?

Postby Victorian Lawyer » September 1st, 2011, 3:32 pm

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.
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Re: illegal to drink in the car while driving if under 0.05?

Postby JVICLawyer » September 2nd, 2011, 3:46 pm

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.
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Re: illegal to drink in the car while driving if under 0.05?

Postby Ainsley » September 27th, 2011, 5:21 pm

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.
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Re: illegal to drink in the car while driving if under 0.05?

Postby tkishore123 » October 29th, 2011, 1:50 pm

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.
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Re: illegal to drink in the car while driving if under 0.05?

Postby Victorian Lawyer » November 22nd, 2011, 8:42 am

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.
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