2. ALCOHAL AND DRUGS LIMIT
• Alcohol and drugs,
including some drugs
given to you by a
doctor, can seriously
affect your driving.
They can slow your
reaction times and
affect your senses.
•You risk causing death and serious injury to yourself
and other people if you drive under the influence of
alcohol or drugs.
3. Legal alcohol limits for driving
• The law says you must not drive if
the amount of alcohol in your blood
or breath exceeds certain age-
related limits. These limits are
shown below
• Under twenty
• There is a zero alcohol limit if you
are under 20. That means if you
drive after consuming even one
drink you can be charged with drink
driving. If you have an alcohol level
of less than 150 micrograms per litre
of breath and less than 30
milligrams per 100 millilitres of blood
you could be fined and given 50
demerit points. If your alcohol limit is
higher, you could be disqualified
from driving, given 50 demerit points
and either fined or imprisoned.
4. • Twenty or over
• You must not drive if you have consumed more than the
legal alcohol limit, which is 400 micrograms per litre of
breath or 80 milligrams per 100 millilitres of blood.
• It is difficult to say how many alcoholic drinks you can
have before you reach these limits. It depends on many
factors, including:
• whether you are male or female
• your size
• how much food you have eaten.
• Because of this, and because even small amounts of
alcohol can affect your driving, the best advice is: if you
drink at all, don't drive.
• If you've been drinking, call a taxi, take a bus or get
someone who hasn't been drinking, such as a friend or
'dial-a-driver', to drive you home.
5. Testing for alcohol and drugs
• You can be stopped by the police and breath-tested at
any time. The police can use the following tests to see if
you have been drinking or taking drugs.
Passive breath test
The officer will place a
hand-held device in front
of your mouth and ask
you to talk into it. This will
show if you have recently
drunk any alcohol. If any
alcohol is detected, a
breath screening test will
be required.
6. • Breath screening test
• The police officer will give you either a tube of
crystals with a bag on the end or a small
electronic device, and will ask you to blow into it.
If your alcohol level is high, you will be asked to
take an evidential breath test or have a blood
test.
• Evidential breath test
• This is an electronic device you blow into, which
gives a reading that can be used in court as
evidence of your breath–alcohol concentration.
• Blood test
• If you have a blood test, a medical doctor or
other approved person will take a sample of your
blood to be tested for alcohol or drugs.
7. When are the tests carried out?
• A police officer can ask you to
take a passive breath test or
breath screening test if:
• you are suspected of drinking
and driving
• you are signalled to stop at a
Police alcohol check point.
• You must wait with the officer
for the result of the test.
• If the test shows you have been
drinking, you must:
• hand over the keys to your
vehicle, if asked by a police
officer
• go with a police officer, if
required
• agree to a blood test, if asked
by a police officer, medical
doctor or other approved
person.
• If you don't, you may be
arrested.
8. What are your rights?
You may:
choose not to take a breath screening or
evidential breath test however, if you: refuse a
breath screening test, you will be asked to take
an evidential breath test refuse an evidential
breath test, you must undergo a blood test
choose to give blood if an evidential breath test
suggests you are over the legal limit talk to a
lawyer (if you wish to) after a positive breath
screening test and before an evidential breath or
blood test – a telephone will be made available
to you for this purpose.
If your blood test shows you are over the legal
limit, you will be given a copy of the blood test
certificate.
9. What are the penalties?
• On-the-spot (roadside) licence suspension
• Your licence will be suspended on the spot if you refuse to
have a blood test or if, following an evidential breath or
blood test, you are found to have:
• more than 130* milligrams of alcohol per 100 millilitres of
blood, or
• more than 650* micrograms of alcohol per litre of breath.
10. A lower threshold of 80 milligrams or 400
micrograms will apply if, in the previous four
years, you have been convicted of:
• driving or attempting to drive under the influence
of alcohol or drugs, or
• driving or attempting to drive with excess breath or
blood alcohol, or
• failing or refusing to allow a blood sample to be
taken, or
• causing death or injury while in charge of a motor
vehicle and under the influence of alcohol or
drugs, or with excess breath or blood alcohol.
• Your licence will be suspended for 28 days and
you will still have to face court-imposed penalties.
11. Repeat offences
• The penalties described above may be increased
substantially for repeat offences.
• In addition, if you commit two alcohol-related offences
within a five-year period and one of those offences
involves:
• refusing to go with a police officer
• refusing to give a breath or blood sample
• driving under the influence of alcohol or drugs
• having a breath–alcohol level above 1000 micrograms
• having a blood–alcohol level above 200 milligrams per
100 millilitres
• then you will be:
• disqualified from driving for an indefinite period, and
• required to attend an approved alcohol assessment
centre.
12. DRIVE CAREFULY
• Many fatal crashes are caused by people
driving when they are tired. If you feel
tired, don't drive and avoid drinking while
driving and stay safe. Don't risk your life or
those of other road users.
