Drink driving is a serious offence which upon conviction carries a mandatory minimum ban from driving of 12 months together with a punishment ranging from a fine to 6 months in prison!
The Law set out a legal limit for drink driving. Above the limit, you will face prosecution. But be warned even if you are under the limit and the Police think that alcohol has affected your ability to drive, you can still be prosecuted for driving whilst unfit. The legal limit depends whether the sample taken is breath, blood or urine. The legal limits are:
- 35 micrograms of alcohol per 100 millilitres of breath
- 80 milligrams of alcohol per 100 millilitres of blood, and
- 107 milligrams of alcohol per 100 millilitres of urine.
If the Police stop you driving and they suspect you to be drink driving they will ask you to provide a sample of breath at the roadside. This breath test will indicate whether there is alcohol in you breath. If you refuse to provide a sample of breath at the roadside, the Police will arrest you. Once arrested you will be taken to the Police Station where initially 2 further samples of breath will be requested. These are the evidential samples.
You do not have to be driving for the Police to request a breath sample from you. If the Police believe that you may have been in the car, then they can request a sample from you.
The decision to charge you will drink driving will depend upon the results of the breath/blood or urine samples. If the breath reading is 39micrograms or below, you will be release either with a Police caution or without charge. If the breath reading is between 40 and 50 micrograms, the Police will ask if you wish to have your breath sample replace with a blood or urine sample. This is called the “Statutory option” but it is the Police who decides whether the replacement sample is blood or urine.
There are strict procedures that the Police must follow when obtaining the samples. If those procedures are not followed correctly, it can render the charge invalid.
If you are awaiting for the results of blood or urine samples or have been charge with Drink Driving, call Carl today on 01482 227669 for your FREE initial consultation.
But I was not the driver!
If you were not the driver, the Police can still request a sample from you. If you refuse to provide the sample you can be charged with “Fail to Provide a Specimen for Analysis”. You should provide the sample. You can not be guilty of drink driving if you were not the driver (unless you were supervising a provisional driver) See “Fail to provide a specimen for analysis” for more information.
But I was not driving!
The Police can still require a roadside breath test even if the car was not moving. If the Police believe that you were in control or “in charge” of the vehicle, they will ask for a breath test. If that shows that alcohol on your breath, you will be arrested and possibly charged with “Being Drunk in Charge“. Call Carl today to get your free advice and know your options.
Do I have to be banned for Drink Driving?
The simple answer is Yes and No. The Court must impose a minimum mandatory disqualification of 12 months on any person convicted of Drink Driving, unless it finds “special reasons” not to impose the disqualification. In the absence of special reasons, the Court will ban you from driving. For more details on “special reasons” read our dedicated page (click here) and contact Carl to see if special reasons apply in your case.
How long will I be banned for?
The minimum period is 12 months. The final length of the ban will depend upon the accrual reading of alcohol in your sample together with various factors of your case. It will also depend upon if this is your first, second or subsequent conviction for Drink Driving. If this is your second or subsequent conviction, you will face a minimum disqualification of 3 years, but as with a first conviction, the actual length will depend on the alcohol reading and factors of your case.
Will I go to prison for drink driving?
The Law says that for an offence of drink driving, a person can be sentenced to prison for up to 6 months. The Court usually reserve this punishment for the most serious of matters, such as those with very high alcohol reading (120+ in breath) or those where accidents and serious injuries occurred.
If you face any matter relating to drink driving, whether you are waiting on the specimen results or have a Court date, you should take expert advice at the earliest opportunity. Call Carl today and arrange your FREE initial consultation. Let Carl guide you through all aspects of your case and get you the best result available.
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