Drink Driving
Have you been stopped for drink driving? You are facing a disqualification. Please contact us.
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What is the offence?
It is an offence to drive or attempt to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion in a person’s breath, blood, or urine exceeds the prescribed limit.
This is a complex area of law and it is important that you contact us to discuss your case.
- Where were the car keys?
- Was the car ignition on?
- Where were you in the car?
- What were you doing/about to do?
Alcohol Limits
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Breath
Breath - maximum amount – 35 micrograms of alcohol in 100 millilitres of breath
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Blood
Blood - maximum amount - 80 milligrams of alcohol in 100 millilitres of blood
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Urine
Urine – maximum amount - 107 milligrams of alcohol in 100 millilitres of urine
What is the procedure?
The police can request a roadside breath test from you if they have reasonable grounds to suspect you are driving with excess alcohol, attempting to drive or in charge of a motor vehicle on a road or other public place. If this is positive, you will be taken to the police station and asked to give two further evidential specimens of breath.
There are strict procedures to be followed when any of the samples are taken and if they are not followed you may have a defence.
- The machines used for testing breath have numerous technical rules governing their operations. They also need the correct training to operate.
- You should be given a statutory warning that if you fail to provide a specimen of breath you may be prosecuted.
- Blood needs to be taken by a medical practitioner or registered healthcare professional and you must give consent.
- Urine must be in the form of two specimens given within one hour of the request.
What is the penalty?
The penalty for a second drink related offence within the last 10 years is more severe, with a minimum disqualification of 3 years.
A drink drive rehabilitation course can also be offered. This is a course operated by an external provider. There will be a charge for the course, but if you accept the offer and complete the course, the disqualification will be reduced by up to 25 percent. If you have never been before the courts for a drink related offence the course is likely to be offered. It is rarely offered to a second time offender. It is ultimately a matter for the court to decide whether the drink drive rehabilitation course is offered to you.
Are there any defences?
These are a few examples of defences and many of them are technical and complex. Please contact us to discuss your case.
You should be aware that If you do not provide a specimen when you are lawfully requested to do so, you can be charged with an offence of failing to provide a specimen for analysis.
- You were not driving the car
- You were not over the limit at the time of driving but you drank afterwards (hip flask defence)
- Procedural errors- faulty machine, not given the statutory warning/not followed the legal process when taking a specimen
- Duress – you were subject to a continuing threat of serious injury/death
What if I don't have a defence?
It is also possible to argue special reasons for this type of offence. If your argument is successful you will avoid a disqualification.
All of these arguments are tested to a high level and you will be asked to give evidence under oath and may face cross examination from the prosecution or Magistrates. Please contact us to discuss your case.
- You were not driving the car
- You were not over the limit at the time of driving but you drank afterwards (hip flask defence)
- Procedural errors- faulty machine, not given the statutory warning/not followed the legal process when taking a specimen
- Duress – you were subject to a continuing threat of serious injury/death
We're always here to help you
If you are contacted by the police or receive a summons for court we may be able to help you. It is quick and simple to make an appointment, just contact us by email or phone. We can see you in the office or speak to you on the phone.
We are available 24 hours a day providing a professional service with direct access to a solicitor. If you need help to keep your licence please contact us.
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