It is against the law to drive a motor vehicle on a road or other public place after consuming an amount of alcohol that makes the proportion in the driver’s breath exceed the legal limit under the S5 Road Traffic Act 1988.
If you are charged with drink driving or driving whilst unfit through drink or drugs, then you would ordinarily be facing a period of disqualification or even a period of imprisonment. It is important you seek advice – our drink driving solicitors are here to help you – 0800 046 3066
The maximum legal alcohol limits in the UK are:-
- Urine: Maximum of 107 milligrams of alcohol in 100ml of urine
- Blood: Maximum of 80 milligrams of alcohol in 100ml of blood
- Breath: Maximum of 35 micrograms of alcohol in 100ml of breath
If you fail to provide a specimen of breath at the roadside then this will usually result in 4 penalty points or possibly a period of disqualification.
Testing someone for drink driving can be extremely complex and technical and can often lead to errors on behalf of the police, which could lead to a court case being overthrown. The devices which are used to measure the alcohol in a driver’s body vary. If you are charged with a drink driving offence it is crucial to consult a specialist solicitor as soon as possible as our solicitors have years of experience in representing and advising for drink driving related cases.
If you also fail to provide a specimen of breath at the police station, you are likely to be charged with the offence of ‘failing to provide a specimen for analysis’ unless you have a reasonable excuse for not doing so, e.g. a relevant medical condition which can be backed up by documentary evidence. If convicted of this offence, a driver will usually receive a fine and disqualification for a minimum period of 12 months.
If you are convicted of driving or attempting to drive with excess alcohol in your body, unless there are exceptional circumstances, you will receive a ban from driving. Although the Courts have some discretion as to the length of disqualification, the minimum period is 12 months for a first offence. It may be significantly longer if you have been disqualified before.
Penalties for drink driving can vary on the level of intoxication; however on conviction disqualification is immediate and mandatory, except in exceptional circumstances. A punishment for drink driving can be up to £5000, 6 months imprisonment and a year of disqualification. If you have a previous conviction for a drink driving related offence within the last 10 years then there may be a minimum of a 3 year driving ban.
It is often possible to undertake a drink-driver rehabilitation course which can reduce the period of disqualification by one quarter.
Drink Driving Solcitors – further information
If you have been charged with any of the above then there may be a defence to your offence please contact our specialised team who are here to advise you of your options.