Clarification of drink driving..?

[Buffalo]

Stopped at a petrol station last night that sold beer.

It was on show as soon as you walked in the door. I have to admit my first thought on seeing this nice cold beer (the heating is stuck on in the car) is "oh, that'd be nice"... Of course reality kicked in then as i remembered i was driving...

But back on the road again (with my non-alcoholic drink) i started to wonder (fantasise about the beer?). *Technically* one can drink one average pint in a public house and drive home - still under the limit.

Is there any specific rules (other than common sense) stating that the same unit of alcohol cannot be consumed behind the wheel..? I mean it wouldn't look very good if you were pulled over, but if you had only the one beer on you that you were supping and were under the limit when tested, is that is sort of legal..? I guess two beers, would be 'suspicion of drink-driving' and arrestable.

NOTE: I am not advocating such behaviour, nor wanting to know for any other reason than curiousity. Please don't flame my stupidity, but i am curous - i am NOT going to go out and drink beer behind the wheel of my car.

Thanks...

[tonyrec]

Not in proper control springs to mind.

You would definately get stopped and from experience, members of the public are quick to phone and tell us what they have seen (if they can get through).

[Hardcore2000]

i got through 2 cans of fosters in 30 miles (i had zero alcahol in my body before hand), this would not put me over the limit so dont and didnt see a problem.

[busa_rush]

It's worth investigating the effects of alcohol on the body before you think about drinking and driving, regardless of your blood/alcohol level and weather you feel the effect or not.

[V8 Archie]

tonyrec said:

Not in proper control springs to mind. You would definately get stopped and from experience, members of the public are quick to phone and tell us what they have seen (if they can get through).

Would I be right in assuming that one is unlikely to be stopped if it's a can of coke (assuming the standard of driving is still OK, of course)?

Mind you, there was that bloke with his sarnie last year.

[Buffalo]

Hardcore2000 said:

i got through 2 cans of fosters in 30 miles (i had zero alcahol in my body before hand), this would not put me over the limit so dont and didnt see a problem.

You (we) are led to believe that one pint is generally the legal limit. 440ml cans of fosters aren't quite a pint, but nigh on it. I would have thought that technically 2 cans *is* over the limit, but obviously it would have gone on your blood/alcohol level.

My emphasis was that if someone were stopped and breathylised but found to be under the limit. WOuld they get away with it..? I would suggest not. Can you imagine the uproar if a BiB let them go and then later were found to be the cause (or effect) of something more serious..?

Probably a subject best left alone, but the beer did look damn tasty!

[smashmonkey1984]

I don't even drive with even a small amount of alcohol in me. I'm a distant sort most of the time even before i've had a drink!

[stackmonkey]

me too, I was teetotal for over 13 years and now have the alcohol tolerance level of a small mouse. If I have a single drink on a night out (say, an alcopop) I leave at least 3 hours after finishing it before driving.

[telecat]

I'll have a Pint of Shandy but only with food. Otherwise I'm on the Lemonade and lime!

[KITT]

Wasn't there a woman a couple of years ago who was charged with eating a kit-cat? And someone else who was charged with drinking a bottle of water?

This would suggest you're not allowed to eat/drink anything behind the wheel!

[silverback mike]

Not in proper control is the actual offence with which this would apply.
This was the offence which applied to using mobile phones until recently, and can encompass anything from heavy duty nose picking to fumbling around in the glove compartment. Or anything which would take your mind of it, altering your driving.
(The nose picking may be stretching it a bit)

I have never come across someone having a swift half when driving, not thought about that one. But technically, if parked up, having a swift one is not putting you over the prescribed limit then in the eyes of the law you are not breaking any.

But, I would only assume that there would be a lot of finger pointing from many people, and the first thing that I would do is to request a roadside breath sample as I could smell alcohol.
The breathalyser would come out, and results be shown.

I subscribe to the view that no alcohol in the blood is the best option when driving, but that is purely a personal one.

[gshughes]

Isn't it the case that if you have drunk alcohol less than half an hour previously, then the breathalyser gives an inaccurate result, and a blood test is needed for accuracy ? Seems a good enough reason not to drink behind the wheel, all the hassle of a blood test to prove you were not over the limit might be a bit time consuming.

[silverback mike]

20 minutes is the allowed time post drink to roadside breath test.

[gshughes]

silverback mike said:

20 minutes is the allowed time post drink to roadside breath test.

My point still stands though, if you saw someone drinking in their car, I guess the two options are either hang around for 20 mins, or get them down the station for a blood test. A bit time counsuming in either case.

[pdV6]

Broke down in my old Mini once in the middle of nowhere. Was in the days before widespread use of mobile phones, so had to walk a couple of miles to the nearest AA box. There was nowhere but the (quite wide) grass verge to leave the car, and my 2 passengers decided to chill out with a few beers in the sunshine whilst I went on my hike.

In the meantine a trafpol happended to be passing and they had a hell of a time trying to explain what they were doing 1/2 pissed sat next to a car in the middle of nowhere!

To their credit, the BiB went looking for me in order to coroborate (sp?) their story...

[silverback mike]

gshughes said:

silverback mike said: 20 minutes is the allowed time post drink to roadside breath test. My point still stands though, if you saw someone drinking in their car, I guess the two options are either hang around for 20 mins, or get them down the station for a blood test. A bit time counsuming in either case.

Absolutely, normally you hang on for 20mins before administering the test.
If said person refuses then they are arrested for failing to provide, and a station breath test follows.
This is to provide an accurate reading, the 20 mins gives enough time for the alcohol to be absorbed.

[philthy]

Years ago I went to an open day at my mates nick, and they were showing the public what the lion intoximeter could do. I had a sip, And I mean a SIP of diluted whisky then blew through the machine straight away, it registered something like twice the legal breath/alcohol limit. Being a driver for a living I'm one of the driving/no drink crowd. Although I'm sure a blood test would give an accurate result, would you get the chance to have one if after 20 minutes it still showed positive on the breath test?.
Not worth it mate. Do like we do in Devon, and use the wonderful public transport system
Philthy