Drink driving, does 2 glasses of wine = 30mg?

[Eseehcnhoj]

Drink driving, does 2 glasses of wine = 30mg?

 

Time betwen drink and test is about one hour.

[kurvaface]

If you mean alcohol content in blood :

 

Other factors such as your weight, amount of body fat, metabolism, liver function, Kidney function amount of alcohol dehydrogenase come into the equation. not that simple I'm afraid:)

 

If you mean total amount of alcohol ingested:

 

Depends on strength of wine and volume of glass.

[buzby]

Additionally - the quantity of wine within each glass. Since a glass isn't a standartised measure, you could easily reach that limit with the correct balance of fluid and metabolism. To save the hassle, if I'm driving, I just don't drink.

Edited December 6, 2009 by buzby

[crem]

To save the jassle, if I'm driving, I just don't drink.

 

I agree buzby. I always find it so hard to balance the glass whilst taking roundabouts :D:D

[buzby]

Roundabouts weren't the problem for me. It was getting the red stains off the headlining (unseen speed bumps).

[Eseehcnhoj]

Im just looking for ballpark figures,

 

Is there an official definition of 'glass of wine' and if so what is it?

[sailor sam]

Drink driving, does 2 glasses of wine = 30mg?

 

Time betwen drink and test is about one hour.

 

OK, I may be able to help you on this one!

 

A small glass (125ml) of wine with 8% strength is equal to 1 unit of alcohol.

 

A standard pub measure is normally 175ml which (at the same strength) is equal to 1.4 units. Based on the average body weight for a woman, the limit for drink driving can be reached after consuming 3 units. So just 1 250ml glass of 12% strength would be enough.

 

It takes the body around 1 hour to 'dispose' of 1 unit of alcohol.

 

I can give you a more acurate response if I knew the strength and measures you are talking about.

[green_and_mean]

My wine glasses hold about a 3rd of a bottle so drinking two before driving is not recomended,lol.

[buzby]

Im just looking for ballpark figures,

 

Is there an official definition of 'glass of wine' and if so what is it?

 

I think it is in the saame reference manual for calculating the length of a piece of string.

 

It is widely accepted that the 125ml amount used in statistics is pointless, as pubs don't use this as a measure.

[Blagton]

I think it is in the saame reference manual for calculating the length of a piece of string.

 

...but thats easy with no variation involved. Twice the distance from the middle to one end.

 

Blagton.

[kurvaface]

It takes the body around 1 hour to 'dispose' of 1 unit of alcohol.

 

That depends on so many other factors such as age, weight, your health and how much you have drunk:)

[pin1onu]

Most pubs sell either 175ml glass of wine or 250ml glasses (i.e. 1/3 of bottle).

 

Most wines are now between 11 and 14% abv.

 

So working out units consumed can be difficult. Some bottles do have the unit measure on them.

 

I would suggest a good rule of thumb is if you are drinking, don't drive and watch out for the morning after. (A couple of engineers in my department were caught on their to work the morning after a session. )

 

As had been pointed out there are so many factors that can influence how quickly you will be "safe" enough to drive. I'd suggest erring on the side of caution. If you get things wrong the minimum is a 12 month ban and a fine, a criminal record, having your DNA profile taken and increased insurance costs.

[Eseehcnhoj]

By the reponses so far have not conclusively said two glasses of wine is 30mg.

 

The burden of proof police have to make is beyond all reasonable doubt. All they have to go on is an admission in an interview under caution that the suspect had two glasses of wine before driving a car. The volume of the glass is not defined in the interview and neither is the length of time elapsed having those drinks and driving the car.

 

There is no positive test at the scene, but the police are building a case that two glasses of wine of unspecfied volume and an estimated one hour before admitting to driving a car is over the limit of 30mg.

 

Any comments?

[sailor sam]

By the reponses so far have not conclusively said two glasses of wine is 30mg.

 

The burden of proof police have to make is beyond all reasonable doubt. All they have to go on is an admission in an interview under caution that the suspect had two glasses of wine before driving a car. The volume of the glass is not defined in the interview and neither is the length of time elapsed having those drinks and driving the car.

 

There is no positive test at the scene, but the police are building a case that two glasses of wine of unspecfied volume and an estimated one hour before admitting to driving a car is over the limit of 30mg.

 

Any comments?

 

Can I ask what you mean by '30mg'? If the road side test was negative, then why would the police be 'building a case'? Sorry but this is not making sence.

[Eseehcnhoj]

There was no roadside test.

 

The police did the test later. and I want to defend the case on the bases the suspect may have had a drink after arriving home and before arrival of police.

[Al27]

Thought the limit was 35mg?

 

What was the level on the station machine? If the test was negative I suspect they'd have a hard time putting together a case dependent on witnesses alone.

[Alphageek]

I agree. If no road side test was undertaken how can you be arrested and charged with the offence of driving whilst under the influence?

[Eseehcnhoj]

It might be 35mg, Im just going by the expression prescribed limit.

 

Alphageek, she was arrested because she was tested when the police turned up at her home.

 

I am not sure this test is admissable because it was not while she was seen driving a car.

 

She may have had a drink after arriving home and before arrival of police.

[sailor sam]

It might be 35mg, Im just going by the expression prescribed limit.

 

Alphageek, she was arrested because she was tested when the police turned up at her home.

 

I am not sure this test is admissable because it was not while she was seen driving a car.

 

She may have had a drink after arriving home and before arrival of police.

 

With respect, would'nt this be quicker if you told the whole story in the first place?

 

Why was she arrested at home? Has 'she' been involed in an accident or something? Don't forget that the police can use a blood sample to determine how much alcohol is present and for how long. It takes between 20 to 30 minutes for alcohol to be absorbed into the blood stream.

[gwc1000]

It might be 35mg, Im just going by the expression prescribed limit.

 

Alphageek, she was arrested because she was tested when the police turned up at her home.

 

I am not sure this test is admissable because it was not while she was seen driving a car.

 

She may have had a drink after arriving home and before arrival of police.

You are attempting to use what is known as "the hip flask defence" If you google it, you should get some idea. But the police may attempt to calculate the amount of alcohol in her blood whilst she was driving.

[Steve__M]

If the police are back-tracking from the time of the test to the time of the accident, then the amount drunk prior to the accident is irrelevant, surely. It could have been 2 glasses 1 hour prior or 3 glasses 2 hours prior. I suspect that the amount could be used as supporting evidence. ie. "Our calculation shows she was over the limit, M'lud. Additionally, the calculation is in line with what she says she drank (plus she's probably telling fibs and drank more than she said)".

[Steve__M]

I see the law is that to prove innocence, the drinker has to prove this:

 

 

(b) that had he not [drunk alcohol after the event] the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if the proceedings are for an offence under section 4 of that Act, would not have been such as to impair his ability to drive properly.

 

 

Section 15(3):

 

 

Road Traffic Offenders Act 1988 (c. 53)

 

 

This article suggests you need an independent toxicologist report:

 

The "Hip Flask" Defence -Post Incident Drinking

 

This is maybe why the police on the reality telly always look smug when they catch a drink driver at home with a bottle in hand.

[blitz]

If your looking for a defensive response, then I would go on the assumption that two glasses of wine would be 175ml each at a total of 350ml of wine. I would also go on the basis of being 12% ABV. That's more a best case scenario and my assumption after being a wine waiter.

 

This would take the units of alcohol to 4.2 units which can then work out the BAC. Your looking at it needing to be below 35 mu g per 100ml or 0.08%

 

I used a website: BAC Calculator | Blood Alcohol Content Calculator | BAC Calculator

 

Average data comes out to about 0.069% on a best case scenario (Below 0.08% is legal). If your looking at 14% wine or large glasses of wine then you will defiantly be over the legal limit after 1h

[Eseehcbon2]

(Sorry for change of name, pw for my original stopped working).

 

With respect, would'nt this be quicker if you told the whole story in the first place?

 

The suspect was apprehended by another motorist and two other men all white mid 30’s, in a side road and accused her hitting his car. The other motorist or one of his accomplices snatched her car keys from her car and she went home fearing she was about to me attacked. It was dark about 7pm. She lives 431 paced yards from the incident and left the car behind.

 

The police later arrived at her home with her car kays and arrested her with drink driving. Police said they looked at the car but no evidence of accident damage. She was taken to a Police station (9.3 miles away 26 minutes non-stop with no traffic) and tested at 95mgs at 10.40pm and charged under S5 of the Road Traffic Offenders Act 98mg. She was bailed to appear before Magistrates. She admits on her tape interview having two glasses of wine but the volume of the glass is unspecified on the tape, and neither is the length of time between drinking the wine and driving the car to the site where the car keys were snatched. No police offers have seen her driving a car.

 

The person who snatched the keys has not been charged under Section 15 of the heft Act 1968 and no explanation has been offered.

 

She thinks she will goto prison, very nervous, sleepless nights, 70 years old, just had double hip replacement, zimmer frame etc.

 

Why was she arrested at home? Has 'she' been involed in an accident or something? Don't forget that the police can use a blood sample to determine how much alcohol is present and for how long. It takes between 20 to 30 minutes for alcohol to be absorbed into the blood stream.

 

There are no blood tests, just a breathaliser machine which gave a till receipt showing a test result and an actual result.

[Eseehcbon2]

I see the law is that to prove innocence, the drinker has to prove this:

 

I just had a read of the link, a bit over my head.

 

Does it mean the burden of proof Beyond all Reasonable Doubt in criminal proceedings has been reppealed?