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Published: 23 September 2024

How many standard drinks can you have before driving? Understanding the legal risks

Working out how many drinks you can have before hitting the road is not as straightforward as it might seem.

Working out how many drinks you can have before hitting the road is not as straightforward as it might seem. Several factors, including your body weight, gender, metabolism and the type of drinks you consume, all play a role in your blood alcohol concentration (BAC). To navigate these complexities and ensure you’re driving safely and legally, it’s important to understand both the concept of a “standard drink” and its implications.

What is a standard drink?

You may have heard the old rule that you can have two standard drinks in the first hour and one every hour thereafter, and this will keep you under the legal limit. Unfortunately, this common “rule of thumb” is dangerously oversimplified and misleading. The actual alcohol content in drinks varies widely, making it risky to rely solely on this method.

In Australia, a standard drink contains 10 grams of alcohol. Yet, many alcoholic drinks contain more than one standard drink per serving. The number of standard drinks depends on the type of alcohol and its volume. Here’s a quick rundown of common drinks and their standard drink content:

  • Red Wine (150ml): 1.6 standard drinks
  • White Wine (150ml): 1.4 standard drinks
  • Pre-Mixed Spirits (375ml can at 5% alcohol): 1.5 standard drinks
  • Shot of Spirits (30ml): 1.0 standard drink
  • Middy of Full Strength Beer: 1.1 standard drinks
  • Middy of Mid Strength Beer: 0.8 standard drinks
  • Schooner of Full Strength Beer: 1.6 standard drinks
  • Schooner of Mid Strength Beer: 1.2 standard drinks
  • Champagne (150ml): 1.4 standard drink

What effects your BAC?

Your BAC is influenced by more than just the number of drinks you have. Several individual factors also play a role, such as:

  • Body Mass: A person weighing 60kg will reach a higher BAC than someone weighing 95kg after consuming the same amount of alcohol.
  • Gender: Women generally absorb alcohol faster than men due to higher fat-to-muscle ratios.
  • Liver Function: A healthy liver processes alcohol more efficiently. An unhealthy liver will result in a higher and longer-lasting BAC.
  • Food: Eating before or while drinking can slow alcohol absorption.
  • Lifestyle Habits: Regular drinkers often have higher tolerances, meaning their BAC may rise more slowly compared to occasional drinkers.
  • Health and Wellbeing: Stress, fatigue, or illness can increase BAC levels.

What can happen if I get caught drink driving?

Driving over the legal BAC limit carries serious consequences. Here’s what you need to know:

Offence Max sentence Disqualification   Interlock Order
Automatic Minimum Min. Disq Max Disq Min Interlock
Low-Range Drink Driving (BAC 0.05.0.079)

1st offence

$2,200 Fine 6 months 3 months N/A N/A N/A
Low-Range Drink Driving (BAC 0.05-0.079)

2nd offence

$3,300 Fine 12 months 6 months 1 month 3 months 12 months
Mid-Range Drink Driving

(BAC 0.08-0.149)

1st offence

9 months imprisonment and/or a $2,200 fine. 12 months 6 months 3 months 6 months 12 months
Mid-Range Drink Driving

(BAC 0.08-0.149)

2nd offence

12 months imprisonment and/or a $5,500 fine, 3 years 12 months 6 months 9 months 24 months
High-Range Drink Driving (BAC 0.15% or higher)

  1. 1st offence
18 months imprisonment and/or $3,300 fine. 3 years 12 months 6 months 9 months 24 months
High-Range Drink Driving (BAC 0.15% or higher)

2nd offence

2 years imprisonment and/or $5,500 fine. 5 years 2 years 9 months 12 months 48 months

Determining how many standard drinks you can have before driving involves understanding your body’s response to alcohol and staying within the legal BAC limits. Even if you feel fine, you might still be over the limit, and the consequences of drink driving are severe. Always plan, drink responsibly and make sure you have a safe way to get home.

Overall, due to the number of factors that can influence a BAC, the safest option is to not drive after you’ve been drinking.

If you find yourself facing drink driving charges, seeking expert legal advice is essential. Understanding your rights and options can help you navigate the legal system effectively. For expert assistance with drink driving matters, reach out to Morrisons – Criminal and Traffic Law Specialists.

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