Drink Driving

NocturnalDonkey

Its legal to have one pint of beer and still drive.

I heard that the rate of alcohol taken out of your blood stream every two hours is equivalent to the amount of alcohol that is in one pint of beer.

Does that mean that you can drive after 2 hours of having two drinks, 4 hours of 3 drinks... etc...

I know that not everyone is the same, and the amount of alcohol in the blood depends on body size.

ButcherOfNog

NocturnalDonkey wrote:

Its legal to have one pint of beer and still drive

No its not, its nothing to do with pints, the gardai do not stop you and use 'pint measuring equipement' on you.

I heard that the rate of alcohol taken out of your blood stream every two hours is equivalent to the amount of alcohol that is in one pint of beer. Does that mean that you can drive after 2 hours of having two drinks, 4 hours of 3 drinks... etc....

Sounds like something someone made up to justify having a few pints and then driving.

I know that not everyone is the same, and the amount of alcohol in the blood depends on body size.

and theres when u last ate, your tolerance to alcohol, how tired you are etc etc etc.

The simple thing to do is if you are drinking, do not drive.

FruitLover

The average person is probably under the limit shortly after one pint of average beer.

Not everyone is the same, and not all beer is the same strength. Once your blood-alcohol level is over the legal limit, the cops aren't going to accept excuses.

kdevitt

NocturnalDonkey wrote:

I heard that the rate of alcohol taken out of your blood stream every two hours is equivalent to the amount of alcohol that is in one pint of beer.

I read some documentation in a doctors surgery that says the average man metabolises the alcohol in one pint within one hour... as said below, its entirely dependent on other factors - aparently eating while drinking has a massive effect.

not sure i'd want to pace myself over 5 hours, having one pint an hour and then trying to take the car home - rather enjoy myself and get the taxi.

MrNuked

You should not drink and drive
because you will spill it.

Lenny

^^^ lol
Also, is it legal for a passanger of a car to be drinking alchol while the driver doesn't drive?

Imposter

Lenny wrote:

^^^ lol
Also, is it legal for a passanger of a car to be drinking alchol while the driver doesn't drive?

Could he still be called the driver if he doesn't drive?

JohnCleary

Imposter wrote:

Could he still be called the driver if he doesn't drive?

Its called "Being in charge of a propelled veichle" I think.

Mate of mine had his car parked up before drinking. He got arrested for "being drunk and in control of a car" because he was sitting in the drivers seat with the key in the ignition for te stereo.

Pisser, innit?

And before ye start ranting, he did not intend to drive it home as we agreed I was going to drive (I wasnt drinking at the time)

woody

I reckon zero alcohol for driving as it affects people in different ways, 1 pint could make someone more tipsy or less controllable than another !

Fionn101

Lenny , good point , I heard (perhaps rumour) that it is illegal to have any open alcoholic drinks in your car,

but it's one i'd like to clear up as we have all had times where you are driving somewhere and the passengers are having an early start and having a few cans.

seamus

JohnCleary wrote:

Its called "Being in charge of a propelled veichle" I think.

Indeed. Remember when you were young and playing monopoly, and you got fined £15 for "Drunk in Charge" when you took a chance card? That's it.

The keys don't even need to be in the ignition afaik. It may not even matter if the keys are on or about your person (e.g. if you were having a few drinks in your house and you went out to the car to get something but left the keys inside).

In theory, the vehicle can still move without the engine or the keys, and you can still be in charge of it. Drunk.

It's something I thought most people knew.

BaZmO*

Lenny wrote:

^^^ lol
Also, is it legal for a passanger of a car to be drinking alchol while the driver doesn't drive?

I remember this question was asked on a radio station last year, it was around festival time so you can see why it was asked. The radio station is question got in contact with the relevent authorities and their response was that is perfectly ok for passengers to drink alcohol in car while it is being driven, as long of course, a) the driver isn't drinking, because as MrNuked said he might spill it and b) the passengers aren't causing a distraction to the driver.

I was surprised at this at the time as I and a lot of my firends also were always under the impression that it was illegal for anybody to be drinking alcohol in a car while it was moving. But when you think about it, it's perfectly ok to drink in a limo so why wouldn't it be ok to drink in a normal car.

B.

daymobrew

JohnCleary wrote:

Its called "Being in charge of a propelled veichle" I think.

Mate of mine had his car parked up before drinking. He got arrested for "being drunk and in control of a car" because he was sitting in the drivers seat with the key in the ignition for te stereo.

Pisser, innit?

And before ye start ranting, he did not intend to drive it home as we agreed I was going to drive (I wasnt drinking at the time)

I think Colin Farrell claims he was arrested an identical offence.

their response was that is perfectly ok for passengers to drink alcohol in car while it is being driven

In California there open alcohol containers are not allowed in the 'cabin' of the car. They, like your gun, must be locked in the boot.

BaZmO*

seamus wrote:

The keys don't even need to be in the ignition afaik. It may not even matter if the keys are on or about your person (e.g. if you were having a few drinks in your house and you went out to the car to get something but left the keys inside)

I think the distinction is that the engine has to be turned on and the driver in the driving seat for you to be charged with being drunk and in charge of a vehicle because if was anything other than that well then our legal system would be clogged up with people that were just getting things out of their cars and with countless festival goers that decided to sleep in their cars. All in all though, I reckon the Gards are obliged to use discretion on this matter.

B.

mike65

From unison.

Legal storm as judge issues jail threat to all drink-drivers


A JUDGE threatening to jail all convicted drink-drivers for seven days is likely to face a series of court challenges if he goes ahead, legal experts warned last night.

In a new get-tough policy, Judge John Neilan said yesterday he was so sickened by drink-related road carnage that he would automatically remand all convicted drink-drivers in jail for seven days before sentencing them.

Judge Neilan said he was reacting to a number of cases where punishments he had laid down were later reduced at circuit court level.

Speaking at Mullingar District Court, he added however, that he respected the circuit court's right to take this course of action.

Judge Neilan, a long-time campaigner for road safety, has invited a High Court challenge from anyone who thought he might not be entitled to impose his course of action while he made up his mind about the eventual punishment.

But last night legal experts warned that his course of action beginning next month would almost certainly be challenged in the higher courts.

NUI Galway law lecturer Dr Tom O'Malley said he had doubts about the legality of such a move.

He said: "A judge was supposed to exercise discretion in every case before him but to make a blanket decision that everybody was to be remanded pending a decision would effectively be a failure to exercise that discretion."

One lawyer with expertise in the area warned that to remand somebody in custody as a universal policy while a judge made up his mind about the form of punishment to impose would almost certainly be stopped in the high court.

In court yesterday, Judge Neilan said it was clear that both the law and harsh penalties being imposed by the courts were being ignored.

He said he wanted to try a new approach in an effort to rid the nation of "the tragedy" of road deaths and injuries.

The judge was speaking after dealing with a number of drink-driving cases. Ordering one defendant into the witness box he asked him to tell the court why he had driven while under the influence of alcohol.

"I have witnessed the trials, traumas and tribulations of families whose lives were ruined by road accidents caused by drink-drivers.

"The volume of prosecutions indicates that no-one wants to pay a blind bit of notice to the tragedy of over 300 deaths," added the judge.

Tom Felle and
Fergus Black

Still fancy a drink?

Mike.

Seth Brundle

from http://www.breakingnews.ie/2004/11/05/story174489.html

McDowell: Judge’s plan to jail drink drivers is unlawful
05/11/2004 - 10:29:43

The Minister for Justice Michael McDowell has spoken out against a proposal by a District Court judge to jail all drink drivers for seven days on remand.
Minister McDowell has said that Judge John Neilan's plan is unlawful.
The judge raised controversy yesterday at Tullamore District Court, when he said he intends to start jailing drink drivers from December, while deciding their penalty.

JohnCleary

OK well to elaborate on my story...... (read above)

OK, situation....
2 cars, few mates.
Both cars parked up with keys in ignition (engine not running, just in the "on" position for music)
Few people drinking, apart from myself and 1 other person.
Because 2 of us werent drinking, had licenses to drive, and had fully comp insurance (on our own cars) we decided we would drive the 2 cars to our final destination.

Cops arrived...
In the car I was in. I was in passenger seat. The owner of the car was drinking and had keys in ignition. He was arrested (cuffed and taken away) for "being drunk and in charge of a veichle). The cop took the keys and locked the car up.

2nd car. When the driver (drinking in drivers seat) saw the situation, he took the keys out of the ignition and threw them into the back seat of his car while the cop was busy dealing with the 1st car.. (The keys were simply left lying in the back seat). The keys were taken and the car locked up. The driver and passengers of this car were told to "find their own way home".

Not sure of the legalities/complications of this situation, but that was my experience.

unkel

I'm not too sure if I like judges to be this independent and uncontrolled. Reminds me of the one roiding the murderer with her operationally enhanced pelvis or the other judge who is into kiddie porn

Sha

edited. enjoy the ban.