Drink Driving
Drink driving has become one of the most serious offences for all drivers. Therefore specialist advice is always recommended.
Drink driving is legally defined as driving, attempting to drive or being in charge of a motor vehicle on the public highway or a public place, whilst under the influence of alcohol exceeding the prescribed limit.
Drink driving offences can be catergorised into 3 types:
Driving with excess alchohol
This is when you have been driving or attempting to drive after consuming an amount of alcohol over the approved amount. You cannot be convicted of this unless it has been proven that you are over the limit after taking a breath, urine or blood test from the police station.
Being in charge of a vehicle over the permitted limit
You don't have to be driving to be guilty of an office. The 1988 Road Traffic Act makes it an offence to be drunk and ‘in charge' of a mechanically propelled vehicle or motor vehicle. This is when you are in or around your vehicle whilst over the limit, with the intention of driving. If you are not driving a vehicle, but are in the vehicle on the public highway/public place, you can be deemed as "in charge" of the vehicle, even if you do not have the keys for the vehicle.
Failing to provide a roadside test or an evidential specimen
Failure to provide a specimen of breath for a preliminary breath test, or failure to provide a specimen of breath/blood/urine at the police station when requested or refusal to provide a specimen is an offence.
How drink driving is tested
If you are stopped by the police and they suspect that you have been drinking, you will be asked to undertake a roadside test. Where the roadside breath test results in a fail, you will be arrested and taken to the police station where you will be required to provide a sample of breath to find out the precise amount of alchohol in your system.
Legal limits of alcohol in the body
You are over the limit if there is:
For plain speaking practical advice, please contact Guy Adams, Kieran Hughes, Paul Light, Gareth Needs or Cindy Scobie.
Drink driving is legally defined as driving, attempting to drive or being in charge of a motor vehicle on the public highway or a public place, whilst under the influence of alcohol exceeding the prescribed limit.
Drink driving offences can be catergorised into 3 types:
Driving with excess alchohol
This is when you have been driving or attempting to drive after consuming an amount of alcohol over the approved amount. You cannot be convicted of this unless it has been proven that you are over the limit after taking a breath, urine or blood test from the police station.
Being in charge of a vehicle over the permitted limit
You don't have to be driving to be guilty of an office. The 1988 Road Traffic Act makes it an offence to be drunk and ‘in charge' of a mechanically propelled vehicle or motor vehicle. This is when you are in or around your vehicle whilst over the limit, with the intention of driving. If you are not driving a vehicle, but are in the vehicle on the public highway/public place, you can be deemed as "in charge" of the vehicle, even if you do not have the keys for the vehicle.
Failing to provide a roadside test or an evidential specimen
Failure to provide a specimen of breath for a preliminary breath test, or failure to provide a specimen of breath/blood/urine at the police station when requested or refusal to provide a specimen is an offence.
How drink driving is tested
If you are stopped by the police and they suspect that you have been drinking, you will be asked to undertake a roadside test. Where the roadside breath test results in a fail, you will be arrested and taken to the police station where you will be required to provide a sample of breath to find out the precise amount of alchohol in your system.
Legal limits of alcohol in the body
You are over the limit if there is:
- 35 microgrammes of alcohol in 100 millilitres of breath
- 80 milligrammes of alcohol in 100 millilitres of blood
- 107 milligrammes of alcohol in 100 millilitres of urine
For plain speaking practical advice, please contact Guy Adams, Kieran Hughes, Paul Light, Gareth Needs or Cindy Scobie.
