Drink driving is classified as when someone commits a driving offence while under the influence of alcohol. It is often referred to as DUI (driving under the influence).There is a legal limit to the amount of alcohol a person is permitted in their blood when in control of a motor vehicle.
You could be simply sitting in it with the key in your hand or actually driving on a road.If a police officer is suspicious that you may be driving with too much alcohol in your body then you may be apprehended on the road and be asked to undertake certain tests which involve your breath, blood and urine.
These tests determine your blood alcohol reading (BAC) which indicates the number of grams of alcohol in 100ml of your blood.
A charge can be laid against you if the reading exceeds the legal limit. There are several drink driving charges that could take place, depending on the BAC reading. The BAC limit for drivers in WA and every other state is less than .05 BAC. It is a requirement for P plate drivers, L plate drivers, taxi and bus drivers, and drivers who drive trucks above 15 tonnes that their BAC is 0.00.
If a driver is found to have exceeded the BAC limit, then this is an offence and attracts a penalty. The most severe offence is when the driver has exceeded 0.15 BAC and this could result in a prison term.
There are other offences associated with drink driving and they include refusing to take part in a preliminary test and refusing to co operate with a breath, blood and urine test to detect the BAC level. A preliminary test of the breath is the police’s first test normally taken by your car to detect for the presence of alcohol.
Drug driving parallels drink driving but it is concerned with drugs and driving when an illegal drug is in the driver’s system. Anyone who has an illegal drug in their system while driving is committing an offence. This can be determined after conducting a specific test for various kinds of drugs.
If the alleged offender was at the time taking prescription drugs but has been charged with impaired driving due to the influence of drugs then legal advice is necessary. The tests for cannabis, speed and ecstasy do not detect prescription drugs. There are other offences linked to drug driving which includes a refusal to undertake a driver assessment or a refusal to give a breath, blood or urine test for drug analysis.
If you are asked to undertake a driver assessment or to submit to a urine or blood test to establish if you have consumed illicit drugs it is an offence if you refuse to co-operate.