Drink Driving

Drink Driving

Excess Alcohol

It is an offence to drive, attempt to drive or be in charge of a motor vehicle on a road or public place if the level of alcohol in your breath, blood or urine exceeds the prescribed limit.

The legal limit of alcohol in the body is:

  1. 35 micrograms per 100 millilitres of breath, or
  2. 80 milligrams per 100 millilitres of blood, or
  3. 107 milligrams per 100 millilitres of urine.

There are defences available, from which we can advise you.

Failing to Provide a Sample

An offence is committed if you:

  1. fail to provide a specimen of breath for a preliminary breath test, or
  2. fail to provide a specimen of breath/blood/urine at the police station when requested (unless you have a reasonable excuse), or
  3. refuse to provide a specimen.

For an excuse to be considered reasonable, it must normally relate to a physical or mental inability to provide the sample.

Being Unfit to Drive

It is an offence to drive, attempt to drive or be in charge of a mechanically propelled vehicle in a road or public place while unfit through drink or drugs.

This would apply if your ability to drive properly is impaired even if the amount of alcohol in your body is within the prescribed limit. Evidence of unfitness may be demonstrated by erratic driving, the occurrence of an accident or your condition.

Penalties

General nature of offence Max imprisonment/fine Disqualify Endorse licence Penalty points
Causing death by careless or inconsiderate driving when under the influence of drink or drugs Ten years or unlimited fine or both Obligatory

Obligatory

3 - 11
Driving or attempting to drive when unfit to drive through drink or drugs Six months or £5,000 or both Obligatory Obligatory 3 - 11
Being in charge when unfit through drink or drugs Three months or £2,500 or both Discretionary Obligatory 10
Driving or attempting to drive with excess alcohol in breath/blood/urine Six months or £5,000 or both Obligatory Obligatory 3 - 11
Being in charge with excess alcohol in breath/blood/urine Three months or £2,500 or both Discretionary Obligatory 10
failing to provide a specimen of breath for a preliminary breath test £1,000 Discretionary Obligatory 4
failing to provide an evidential specimen of breath for analysis or laboratory test (a) When driving or attempting to drive: six months or £5,000 or both Obligatory Obligatory 3 - 11
(b) In any other case: three months or £2,500 or both Discretionary Obligatory 10

 

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