WHILE you might think you’re safe to drive after just a few drinks, you don’t actually have to be over the legal drink driving limit to break the law.
Police can still hit you with a hefty penalty if they think you’re in an unfit state to be behind the wheel after a couple of drinks, regardless of your breathalyser reading.
Most drivers caught intoxicated behind the wheel will end up with a drink driving conviction for being “in charge of a vehicle while alcohol level above limit” (conviction code DR40).
But there’s another offence you can be charged without ever failing a breathalyser test.
Police can charge you for being “unfit through drink” (conviction code DR50) if they believe you’re a danger on the road.
While officers will usually rely on a roadside test, they will occasionally use their own judgement when deciding if someone is impaired by alcohol.
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