'Is it a bit low?': Magistrate questions 0.05 limit
A VICTORIAN man faced the Bundaberg Magistrates Court on Monday after he was caught driving over the legal blood alcohol limit, but it wasn't the DUI that caught the room's attention.
After hearing the defendant returned a blood alcohol reading of 0.062 at a roadside breath test, Magistrate Neil Lavaring questioned the system itself.
"He's not far over the limit," Mr Lavaring said.
"Sometimes I wonder if the limit's a bit low. I shouldn't say that, but I don't know why we changed from the old 0.08 because no one at that end is really grossly affected, are they?
"What I'm trying to say is the people who are 0.10 and above, they're the concerning ones."
Michael Richard Donne was charged with driving over the general alcohol limit on what became an expensive holiday in Agnes Water in July.
The 50-year-old man had no criminal history, and upon hearing Donne had to pay for flights back to Bundaberg and cover the costs of legal representation, Mr Lavaring said his out-of-pocket expenses would put him out him more than the fine would.
Donne was convicted and fined $100 and received the minimum one-month disqualification of his driver's licence.
A Queensland Police spokesperson said changing the legal blood alcohol limit from 0.05 to 0.08 was not something they could comment on as it would require a legislative change through government rather than something implemented by police.
The DrinkWise website states an individual with a blood alcohol reading of 0.05 is twice as likely to have a crash than before they began drinking, whereas a returned sample of breath containing 0.08 grams of alcohol per 100 millilitres of blood would render a driver five times more likely to have a crash.