Drink Driving

Alcohol has a detrimental effect on your ability to drive. Drink driving puts you, your passengers and other road users in danger. The only safe way to avoid a fatal accident, driving ban and/or large fine is NOT to drink if you plan to drive.

However if you have been caught driving whilst under the influence of drink you need expert advice immediately.

For expert advice on drink driving offences don’t delay call today 0161 762 4949.

What constitutes drink driving?

The OFFENCE

The offence for drink driving is governed by the Road Traffic Act 1208. Section 4 sets out that a person is guilty of an offence if he drives or attempts to drive a motor vehicle on a road or other public place when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

Any person convicted of driving with excess alcohol or driving whilst unfit through drink or drugs faces automatic disqualification and, in serious cases, may even risk imprisonment. If you have been charged with driving with excess alcohol, the Prosecution will have to prove that you were driving with excess alcohol in your breath, urine or blood.

1. 35 micrograms of alcohol in 100 ml of breath.
2. 80mg of alcohol in 100 ml of blood.
3. 107mg of alcohol in 100 ml of urine.

I’m not sure whether I was over the limit?

EVIDENCE REQUIRED

To successfully prosecute a Defendant under Section 4 of the Road Traffic Act 1208, the Prosecution would have to prove that the prescribed limit has been exceeded (see above). The Courts will therefore consider the manner of the Defendant’s driving, the Defendant’s physical condition and evidence of the results of preliminary tests which may be carried out at the roadside.

In order to achieve a drink driving conviction, the court has to be satisfied that all procedures have been followed correctly.  Never forget that evidence can be challenged by a defendant who does not accept that he is guilty of drink driving or that there has been a significant failure by the police officer when carrying out the investigation.  The courts have held that any failure by a police officer to adhere to strict procedures when obtaining samples can be fatal to a prosecution for drink driving.

Normally the driver will be the subject of a roadside breath test which is usually a Lion Intoximeter.  If this proves positive he will be taken to the police station to provide a further breath test and again in order to achieve a conviction for drink driving, the police officer must obey strict rules.

In certain circumstances, known as 'special reasons', the police may proceed to take a sample of blood or urine, for example, if a person is medically not able to blow into the Lion Intoximeter. Again if this course of action is to be used in a prosecution for drink driving, the police officer must strictly adhere to fixed procedures and if they do not, a court may refuse to convict a person of the offence of drink driving.

What are the penalties for drink driving?

PENALTIES

Any drink related driving offence is regarded by the courts as a serious matter. For drink driving offences, unless there are exceptional circumstances, the Court has to impose a disqualification and guidelines are given for the duration of a ban based on the level of alcohol recorded, the particular circumstances at the time of the offence and other factors to include an early plea, co-operation and mitigation on behalf of the Defendant. However, the Court must also take into account any previous offences; for example, if there has been a previous drink driving conviction within 10 years, any disqualification must be a minimum of 3 years.

Sometimes, a "special reasons" argument can be presented in order to persuade the court not to disqualify the defendant. These arguments turn on the nature of the circumstances surrounding the offence allow the driver to consider themselves as being technically guilty.

For a conviction of driving with excess alcohol the sentencing that the law dictates is stringent and inflexible. A minimum of 12 months is required by law. In most cases, the court will consider a drink driving awareness course to reduce the ban by a quarter.

What should I do if I have been caught drinking and driving?

ACTION REQUIRED

We highly recommend you get professional advice from Recovery Assist Solicitors as soon as possible.  If you have been charged with drink driving you need to get expert advice quickly to ensure that the circumstances of your case can be considered and we can investigate whether there are any valid legal defences which we can put forward on your behalf.

Don’t delay call today 0161 762 4949.