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One of the most significant causes of road trauma and death in Australia is drink driving. Research has found that Australian-born single men under the age of 30 years are more likely than any other group to drink and drive. There have been intensive media campaigns and concentrated police efforts, including an increase in random breath testing, in Victoria to discourage people from drinking and driving. Despite these efforts, around 31 per cent of drivers or riders killed in motor vehicle accidents in 2002 had a blood alcohol concentration (BAC) of 0.05 or more.
The legal limit for drivers in Victoria, and all other states, is below 0.05. For drivers on a probationary licence (P plates) or learner drivers (L plates), no alcohol is allowed. The law in Victoria imposes severe penalties for convicted drink drivers, including licence loss, fines and, occasionally, imprisonment. More than 12,000 Victorians lose their licence every year because of drink driving offences.
Factors influencing alcohol concentration
Different people metabolise alcohol at different rates. Some of the factors that influence the concentration of alcohol in a person’s breath or blood (BAC):
- The amount and type of alcohol consumed.
- The time since the last drink, and the rate of drinking.
- The amount of alcohol that remains in the stomach.
- Other foods or liquids in the stomach.
- The amount of alcohol already metabolised by the liver.
- The general health and competence of the liver.
- The person’s metabolic rate.
- The person’s emotional state.
- Physical factors, including gender, body size, and lean tissue to body fat ratio.
- The volume of water in the tissues of the body, which can be affected by such things as medication, illness and the menstrual cycle.
Estimating BAC
Mathematical formulas exist for attempting to calculate a person’s BAC, but experts agree the results are often less than accurate. There are simply too many factors to take into consideration. The general advice on limiting your drinking to a particular number of standards drinks per hour may work for some people, but not for others. A person may be over the legal limit, even if they have faithfully followed the standard drink per hour recommendation. If you are concerned about your BAC, err on the side of caution and don’t drive.
Breath testing
Over recent years, police have carried out extensive breath testing. In 2002, around 3.6 million tests were conducted. The procedure is straightforward - the driver is instructed to blow into a hand-held breath-testing device until deep lung air is exhaled. The BAC reading is given on the digital display. Refusing a breath test is a serious offence with severe penalties. Drivers who do not cooperate are fined and disqualified from driving.
Penalties
The penalties for drink driving depend on the offender’s BAC level, and whether they have prior drink driving offences. Sentencing usually includes licence cancellation for a set period, although first offenders with a reading below 0.07 and repeat offenders with a reading below 0.05 may receive 10 demerit points instead. A fine will also be imposed. For very serious offences, punishment may include community-based orders or imprisonment.
Rehabilitation
The requirements for regaining a licence depend on the case, but are likely to include a compulsory drink driver education course, probably a court order and, for many offenders, clinical assessments for alcohol problems. Advice is available from DIRECT Line on 1800 888 236.
Specific requirements before drink drivers can be re-licensed:
- All offenders with a BAC of at least 0.1, and all repeat offenders, must obtain a licence restoration order from a court
- Offenders with a BAC of at least 0.1 are usually required to complete a drink driver education course
- All offenders with a BAC of at least 0.15, repeat offenders, and those who are convicted of a non-BAC drink driving offence (that is, driving under the influence of alcohol (DUI), refusing to provide a breath or blood sample or refusing to stop at a breath-testing station or to cooperate in the conduct of a test), must be assessed for alcohol problems.
Alcohol interlocks
Repeat offenders whose last offence occurred on or after 13 May 2002 will be able to drive only a vehicle fitted with an alcohol interlock for a period of time when they are re-licensed. An alcohol interlock is a hand-held electronic breath-testing device that is wired to the ignition system of a vehicle. A vehicle fitted with an interlock will not start unless the driver passes a breath test.
Courts can also impose an interlock licence condition on first offenders whose offence occurred on or after the above date, where the offence involved a BAC of at least 0.15, or a non-BAC drink driving offence (driving under the influence of alcohol (DUI), refusing to provide a breath or blood sample, or refusing to stop at a breath-testing station or to cooperate in the conduct of a test).
Where to get help
- Your doctor
- VicRoads Tel. 131 171
- Alcohol and Drugs - DIRECT Line Tel. 1800 888 236
- Victoria Legal Aid (03) 9269 0234
- Solicitor
- Your local community health centre.
- Family Drug Help – for information and support for people concerned about a relative or friend using drugs Tel. 1300 660 068
Things to remember
- It is against the law to drive with a BAC of 0.05 or more for full licence holders in Victoria.
- For drivers on a probationary licence (P plates) or learner drivers (L plates), no alcohol is allowed.
- Penalties for drink driving include licence cancellation, heavy fines and, for very serious offences, community-based orders or imprisonment.
- Nearly one in three Victorian drivers or riders killed in motor vehicle accidents in 2002 had a BAC of 0.05 or more.
You might also be interested in:
Alcohol.
Alcohol - teenagers.
Alcohol related brain impairment.
Partying safely - tips for teenagers.
Want to know more?
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