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What happens if your blood alcohol reading is exactly 0.05?

PostPosted: September 14th, 2011, 10:39 am
by Ainsley
If I get pulled over and blow exactly 0.05 is this considered to be low range or will I get away with it?

Re: What happens if your blood alcohol reading is exactly 0.

PostPosted: September 20th, 2011, 10:16 am
by NSW lawyer
In NSW, the police would charge you with low range PCA. Because of the low reading you may be able to plead not guilty and argue that your blood alcohol reading was less than 0.05 at the time of driving. I can explain the defence in a bit more detail if you are in NSW.

Re: What happens if your blood alcohol reading is exactly 0.

PostPosted: September 27th, 2011, 5:05 pm
by Ainsley
Thanks for your explanation - so the bottom line is you will get booked for blowing 0.05 - there is absolutely no leniancy in NSW.
This was just a hypothetical question no further detail required.

Re: What happens if your blood alcohol reading is exactly 0.

PostPosted: September 29th, 2011, 4:40 pm
by Victorian Lawyer
The Victorian position is that the Act specifically includes .05 as being a positive reading. You would need a blood sample and a toxicologist to possibly read it down.