Hypothetical Drink Driving question
Discussion
OK, so hypothetically, I'm driving down the road, obeying the speed limits, with both hands on the steering wheel, driving in a completely legal fashion.
I happen to have on my head a homer simpson style beer hat, with two lagers attached, (cheap tescos relatively low alkeyhol affairs) and a straw leading to my mouth.
Mr BIB pulls me over and breath tests me..
I'm not over the limit..
Am I commiting any offence?
No, I haven't done this, nor do I intend to, it just cropped up in convo with me and Mrs S on the way home from the Supermarket this evening.. (I'd just eaten a particularly nasty pork scratching and needed to remove the taste from my mouth, only liquid in car was beer! didn't drink it I hasten to add!!)
I happen to have on my head a homer simpson style beer hat, with two lagers attached, (cheap tescos relatively low alkeyhol affairs) and a straw leading to my mouth.
Mr BIB pulls me over and breath tests me..
I'm not over the limit..
Am I commiting any offence?
No, I haven't done this, nor do I intend to, it just cropped up in convo with me and Mrs S on the way home from the Supermarket this evening.. (I'd just eaten a particularly nasty pork scratching and needed to remove the taste from my mouth, only liquid in car was beer! didn't drink it I hasten to add!!)
You might try it with 0.5% low alchohol beer Slinksport!! Have to question your taste in headgear though!! 
Oh!! Hardcore 2000, what do you mean? Give it a try you might like it? is it RRRacey! Eh!!
Have you examined your statement?
"It is not illegal as long as you are not distracted from driving" MMMmmh well, er yes, with you so far: "and as long as you are not over the limit" Ah!! not speeding! I see! further: " you say you have not done it, give it a try, you might like it" We...ll! As you say, you NEVER do know do you?
>> Edited by 8Pack on Thursday 1st July 02:44
Oh!! Hardcore 2000, what do you mean? Give it a try you might like it? is it RRRacey! Eh!!
Have you examined your statement?
"It is not illegal as long as you are not distracted from driving" MMMmmh well, er yes, with you so far: "and as long as you are not over the limit" Ah!! not speeding! I see! further: " you say you have not done it, give it a try, you might like it" We...ll! As you say, you NEVER do know do you?
>> Edited by 8Pack on Thursday 1st July 02:44
You could potentially be "impaired" through alcohol, but still below the "prescribed limit", so committing a separate offence.
Basically, if you are examined, found to be impaired, and the impairment is due to alcohol, you commit one offence (your tolerance for alcohol would have to be extremely low, and this scenario is fairly unlikely).
If you are breathalysed and are over the prescribed limit, whether your ability to drive is impaired or not, you commit an offence.
This can often be the case with drivers who have alcohol problems; they basically need a few drinks inside them to function "normally". I've dealt with quite a few people, who although they absolutely reek of ale, can stand up straight and hold a normal conversation with you. Then when the result comes in, they're massively over the limit.
Basically, if you are examined, found to be impaired, and the impairment is due to alcohol, you commit one offence (your tolerance for alcohol would have to be extremely low, and this scenario is fairly unlikely).
If you are breathalysed and are over the prescribed limit, whether your ability to drive is impaired or not, you commit an offence.
This can often be the case with drivers who have alcohol problems; they basically need a few drinks inside them to function "normally". I've dealt with quite a few people, who although they absolutely reek of ale, can stand up straight and hold a normal conversation with you. Then when the result comes in, they're massively over the limit.
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