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What's the current drink driving limit?

  • 22-12-2010 5:22pm
    #1
    Closed Accounts Posts: 227 ✭✭


    And I'm not looking for the moral high horse brigade comments like "ooh ooh 1 drink is too much", I just want legal facts regarding BAC levels.

    The citizens information website still says 0.80g / 100 ml blood, but I remember earlier in the year they passed something in the dail to reduce it to 0.50g.

    Any idea if , or when that change will be legislated?

    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 1,707 ✭✭✭traco


    Intoxicated driving offences


    Prohibition on driving mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits.


    4.— (1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.


    (2) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her blood will exceed a concentration of—


    (a) 50 milligrammes of alcohol per 100 millilitres of blood, or


    (b) in case the person is a specified person, 20 milligrammes of alcohol per 100 millilitres of blood.

    Or read the act here, effective in September 2010 I believe as per the date of teh changes to the act in late August


  • Closed Accounts Posts: 227 ✭✭High energy


    September 2010 or 2011 ?


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    (This is not legal advice!)
    It looks to be 80mg at the moment with 50mg being introduced next year (it has been next year for a few years now. Jam yesterday and jam tomorrow, but never jam today).
    But even so, the current equipment cannot pick up 50mg, it seems to be calibrated for 80mg.
    Completely new equipment is needed and extensive training so the Gards can say "justblowintothisendkeepgoingkeepgoingkeepgoingkeepgoing...).
    But of course the Gards have to use language and grammar differently to the rest of the human race (mechanically propelled veahicle, anyone?), so it might take that long to get it right.;)


  • Registered Users, Registered Users 2 Posts: 977 ✭✭✭Wheelnut


    Just wondering about the exact meaning of section 2:
    (2) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her blood will exceed a concentration of—

    Does that mean that the test in the Garda station may be three hours after the driver was found behind the wheel? I believe the system of a human male body can deal with about a glass of beer per hour, so the test reading would be the equivalent of a pint and a half less than what was in the driver's system when he was stopped. Can that be true?


  • Closed Accounts Posts: 227 ✭✭High energy


    Wheelnut wrote: »
    Just wondering about the exact meaning of section 2:



    Does that mean that the test in the Garda station may be three hours after the driver was found behind the wheel? I believe the system of a human male body can deal with about a glass of beer per hour, so the test reading would be the equivalent of a pint and a half less than what was in the driver's system when he was stopped. Can that be true?

    I do believe that's true yes. I think it's actually to further verify the accuracy of their BAC level. Someone can have a bottle of vodka and pass or almost pass the breathalyzer straight after drinking, however they won't pass after 3 hours. The courts issue judgement based on the BAC level so it's important to get an accurate reading. Also the roadside breathalyzer isn't as accurate as the blood/urine test. I'm open to correction on all these points though.


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  • Banned (with Prison Access) Posts: 7,102 ✭✭✭Stinicker


    The only really acceptable limit in my book is zero.


  • Registered Users, Registered Users 2 Posts: 977 ✭✭✭Wheelnut


    Stinicker wrote: »
    The only really acceptable limit in my book is zero.
    Thanks for that Stinicker, however I think High Energy already dealt with your point in his first post. Here's part of it again in case you missed it:
    And I'm not looking for the moral high horse brigade comments like "ooh ooh 1 drink is too much", I just want legal facts regarding BAC levels.


  • Registered Users, Registered Users 2 Posts: 416 ✭✭thecelt


    As Stinicker said, limit is zero for anyone with a bit of common sense!!


  • Registered Users, Registered Users 2 Posts: 3,225 ✭✭✭Keith186


    thecelt wrote: »
    As Stinicker said, limit is zero for anyone with a bit of common sense!!

    No harm in having a pint and driving, unless of course you are a lightweight.
    50 mg is low enough I believe, no need for zero tolerance.

    Interesting reading on when the limit is supposedly becoming law, I thought it already was.


  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    Stinicker wrote: »
    The only really acceptable limit in my book is zero.

    Driving after 1 or 2 pints (or even more but we will stay within the limit) is drastically safer than driving when tired. Yet driving when tired is perfectly acceptable and done by 1000's everyday some of whom talk about a zero alcohol limit and call for the death penalty for anyone who has 1 pint and drives home.


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  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    I'm closing this thread as the OP's question's been answered, and all that remains is a circular argument.


This discussion has been closed.
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