Question from a reader:
Last night, I had a 350ml bottle of Horo-Yoi for the first time in a while, and right after that, I measured my alcohol level with a breathalyzer and it was 0.29mg. I was curious, so I measured again this morning after 7 AM, and it was 0.06mg. If the alcohol concentration in 1L of breath is
less than 0.15mg, it is not considered a violation, but will I still receive a warning for “driving under the influence” even if it’s below 0.15mg? Also, I’ve heard that people who are sensitive to alcohol can be caught for “driving while intoxicated” even if their level is below 0.15mg. Just because the alcohol concentration is around 0.15mg doesn’t mean it won’t be considered drinking and driving, right? By the way, I make it a point not to drink the night before if I plan to drive the next day, and I also avoid drinking if I have work on Sunday.

Legal Perspective on Drinking and Driving and Alcohol Concentration

Now, in response to a recent question from a reader, I would like to share my thoughts and knowledge about the laws regarding drinking and driving and alcohol concentration. There are several points that I think people like you, who are mindful of their body type and lifestyle, should be aware of.

Alcohol Concentration and the Law

First, regarding your point about “if the alcohol concentration in 1L of breath is less than 0.15mg, it is not a violation.” This law does indeed exist. In other words, if you blow into a breathalyzer and the reading is below 0.15mg, it is not legally considered “driving under the influence.” However, in practice, there are pitfalls to be aware of. For instance, people like you who are sensitive to alcohol are more likely to be affected by it. Additionally, the legal standard is purely numerical, and the actual judgment and reaction times while driving can vary from person to person. This leads to the risk of being caught for “driving while intoxicated.”

What is Driving While Intoxicated?

Driving while intoxicated is legally defined as “driving under the influence of alcohol.” This applies even if the alcohol concentration is below 0.15mg, but your judgment and motor skills are clearly impaired. Therefore, it is very wise to avoid drinking the night before if you plan to drive the next day. During my student days, I often enjoyed drinking beer with friends. There were times I thought, “Well, a little should be fine,” and drove afterward, but looking back, that reckless behavior was extremely dangerous. It is important to be aware of your body type and sensitivity to alcohol.

Legal Risks and Self-Defense

The fact that you measured 0.06mg the next morning is good news. However, whether this can be deemed “safe” or “not a problem” is another matter. This is because the effects of alcohol can vary based on many factors, such as the rate of metabolism, amount consumed, body weight, and gender. I have also encountered alcohol-related cases in my work at a judicial scrivener office, and in reality, there are many people who insist they “haven’t been drinking.” The police consider not only the breath test but also the circumstances and driving behavior, so caution is necessary.

Mindset to Avoid Drinking and Driving

As you are already practicing, refraining from drinking in advance is a very good strategy. I once declared to a friend, “I won’t drink today because I have to get up early tomorrow,” but ended up drinking anyway. The anxiety I felt when I woke up the next morning was indescribable. The stress of feeling anxious while driving can be quite overwhelming. Additionally, to avoid driving after drinking, you should consider using public transportation or a designated driver service. If you go out with friends, taking turns as the driver can also be a good approach.

In Conclusion

Ultimately, the laws regarding drinking and driving are very complex and can vary based on individual circumstances. People like you, who understand their limits and social rules, are certainly committed to safe driving. Therefore, for your own protection, it is crucial to recognize the effects of alcohol and exercise sufficient caution. Finally, the law is merely a set of rules. However, your own judgment is the most important factor when driving. I hope you continue to drive safely. Enjoying alcohol is fine, but it is also important to act responsibly.