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CRIMINAL LAW

Road Traffic offences – Drink Driving

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Section 4 of the Road Traffic Act 2010, reduced the drink driving alcohol limits for all drivers. They also differentiate between experienced drivers and new drivers – those with learner permits or who hold a driving licence for 2 years or less, or have no valid licence/permit. Lower alcohol limits apply to new drivers than those that apply to experienced drivers.

The lower alcohol limits applying to new drivers also apply to drivers of buses, lorries, trailers, work vehicles, taxis and other public service vehicle drivers.

The new offences are as follows:

  • An offence of driving or attempting to drive a mechanically propelled vehicle in a public place while under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.
  • An offence of driving or attempting to drive a mechanically propelled vehicle in a public place while there is present in your body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in your blood exceeds a concentration of:
    – 50 milligrammes of alcohol per 100 millilitres of blood for experience drivers
    – 20 milligrammes of alcohol per 100 millilitres of blood for other drivers
  • An offence of driving or attempting to drive a mechanically propelled vehicle in a public place while there is present in your body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in your urine exceeds a concentration of:
    – 67 milligrammes of alcohol per 100 millilitres of urine for experienced drivers
    – 27 milligrammes of alcohol per 100 millilitres of urine for other drivers
  • An offence of driving or attempting to drive a mechanically propelled vehicle in a public place while there is present in your body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in your breath exceeds a concentration of:
    – 22 microgrammes of alcohol per 100 millilitres of breath for an experience driver
    – 9 microgrammes of alcohol per 100 millilitres of breath for other drivers

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