DRINK DRIVING

Drink driving is one of the most serious motoring offences as conviction results in an obligatory disqualification from driving. It is therefore always a good idea to get legal advice on the offence particularly if for some reason you dispute either the police evidence or the circumstances of the arrest.

Drink driving is an offence which can be committed in a multiple of different ways, for example driving, attempting to drive or being in charge of a motor vehicle. However, it is a requirement that the offence takes place either on the public highway (usually a road) or a public place.

For the offence to be made out the alcohol level in the driver needs to be over the prescribed limit. The limits are different depending on the type of sample taken by the police. So for example the limit for alcohol is 35 micrograms of alcohol in 100 millilitres of breath. The limit for blood is 80 milligrams of alcohol in 100 millilitres of blood and the limit for urine is 107 milligrams of alcohol in 100 millilitres of urine.

Normally if a police officer thinks you may have exceeded the limit a roadside breath test is administered. If that test proves positive then this is classed as a fail and at that stage the driver will be arrested and taken to a police station where they will be asked to provide a further two samples of breath for analysis, it is the lower reading of those two samples which is subsequently used for the purposes of any prosecution.

Failure to supply a sample of breath without a reasonable excuse when requested to do so is an offence. A particular medical condition might justify a reasonable excuse, being too drunk to be able to provide a sample of breath is not.

Although the legal limit is 35 micrograms of alcohol and 100 millilitres of breath motorists are not prosecuted if their lowest reading is 39 or below. At this stage the police will normally simply issue a warning. If the motorist blows between 40 and 50 micrograms then they will usually be given the option of either a blood or a urine test. It is for the police to decide which option is offered. Blood is taken by a police surgeon; urine is based on two samples which have to be provided within one hour of the specified request.

The specific penalties can be given out by the court depends on the exact circumstances of the case. The main distinction is between being in charge of a motor vehicle and driving in that motor vehicle. The penalties for failing to provide a specimen are generally higher than the penalties imposed for simply being over the limit (although this does depend on the exact reading).

The minimum disqualification which can be imposed for an offence of driving or attempting to drive with excess alcohol is twelve months; this is for a first offence. If there is a relevant previous conviction within the preceding ten years then the minimum is increased to three years disqualification. A fine of up to £5,000 can be imposed and the offence also carries imprisonment of up to six months.

The disqualification can normally be reduced if the motorist agrees to go on a drink drive rehabilitation course. Successful completion of the course reduces the disqualification period by 25% so, for example the minimum ban of twelve months would then be reduced to nine months. The course is optional and has to be paid by the motorist. It normally lasts between sixteen and thirty hours. The purpose of the course is designed to demonstrate to motorists the dangers and affects of drink driving, it would include seminars and discussions but there is no examination. Seeking legal advice when you have been charged with a drink driving offence is always a good idea although usually it is an offence of which legal aid cannot be granted once it comes to the actual court appearance so representation will have to be paid for on a private client basis.