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Drinking and Driving, is it Worth it?
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Christmas is just about on us,
traditionally a time to have office parties and generally enjoy
ourselves, but be warned:
Drinking & Driving - The
Facts
Everybody in the pub thinks they are an expert on how much they can
drink and the drinking and driving laws, but here are the hard facts!! I
hope you never have to worry about them.
When can the police require a breath test?
Any person who is driving, attempting to drive, or in charge of a motor
vehicle on the road, or in a public place (e.g. a pub car park or a
garage forecourt), may be required by the police to provide a breath
test, to ascertain whether they are over the prescribed limit of alcohol
- 35 micrograms of alcohol per 100 millilitres of breath (or 80
milligrams of alcohol per 100 millilitres of blood).
The request must be made by a police
officer in uniform, but can only be made if one of the following
situations apply :-
- the police officer has reasonable
cause to suspect that you have committed, or are currently
committing a moving traffic offence, or
- if, having stopped, an officer has
reasonable cause to suspect that the person driving/attempting to
drive/in charge of the vehicle has consumed alcohol, or
- the police officer has reasonable
cause to believe that you were the person driving/attempting to
drive/in charge of a motor vehicle which was involved in an
accident.
So does that mean that the
police can just stop your car if you are driving along and insist on
giving you a roadside breath test?
The answer is NO. They are entitled
to randomly stop your car, but they can only insist on a breath test if
they have reasonable cause to suspect you have committed a traffic
offence, or have consumed alcohol (e.g. they can smell it on your
breath), or they reasonably believe you have been involved in an
accident (e.g. the description of your car matches that given by a
witness).
What happens if the roadside
test is positive, or you refuse, or you can't give the necessary sample?
If any of these happen you will
be arrested and taken to the police station. At the police station you
will usually be asked to provide two specimens of breath for analysis
(using approved evidential instruments either an Intoximeter EC/IR;
Lion Intoxilyzer; or Camic Datamaster). If the two readings differ then
the police must rely on the lower reading. If the reading is over the
prescribed limit then you will have committed an offence and you will be
charged.
You do not have a right to insist
on supplying a sample of blood or urine instead. If you fail to supply a
breath specimen at the station you will committed an offence, unless you
have a reasonable excuse. Being too drunk or unfit to supply the
necessary breath specimen is NOT a reasonable excuse. A medical
condition which prevents you from supplying enough breath for the
machine to sample may be a sufficient excuse. If you have such a
condition you must advise the police at the time.
The police may legitimately request that
you provide a specimen of blood or urine as an alternative to a breath
test, if :-
- No automatic measuring device is
available at the time of your arrest, or it is not working properly.
- The offence involves drugs and the
police officer has taken medical advice that your condition may be
due to drugs.
- The police officer making the
request has reasonable cause to believe that breath samples should
not be requested for health reasons
What happens if it is close to the
limit? If the lower of the
two breath readings at the station is 39 micrograms or below, then you
should be released either without charge or with a caution. If it is
between 40 and 50 micrograms, then you MUST be offered the option
of providing an alternative specimen of either blood or urine (if the
police fail to offer you this option then you will have a defence to the
charge). You should be asked which you would prefer, but it is up to the
police to decide which one they offer you, unless, again, you have a
medical condition which would preclude you from providing the necessary
sample. The police cannot take a blood sample without your consent, but
if this is the option offered and you refuse to consent then the police
can rely on the breath sample they have taken.
If you are asked to provide urine they
will ask you to provide two samples within an hour. If blood then this
must be taken by a police surgeon, who will have to be called to the
station.
You have a right to have the second
sample taken and you should always avail yourself of this right.
What happens if you are
charged? If you are
going to be charged you will have the charge read out to you and you
will be cautioned about saying anything which may later be used in
evidence. You will then be asked to sign the Charge Sheet and a copy
will be given to you. You will usually then be bailed to attend at Court
on a specified date - i.e. you will be free to go and must attend Court
on the date and time given. You will not usually be allowed to drive
from the station (as you would most likely be committing another
offence), but you are free to drive until the date of your hearing when
any ban that may be imposed will come into immediate effect.
If I get a ban can I get my licence
back before the ban ends? A
person disqualified for more than 2 years, may after 2 years, apply to
the court that imposed the ban to have the remaining period of
disqualification removed. They must appear in person and must satisfy
the court that:-
1. They have committed no further road traffic offences during the 2
year ban, and
2. There is a good and adequate reason for the return of their licence
(e.g. the chance of a new job, promotion, moving to a rural location and
need a car [proof of successful alcohol abuse treatment may also be
relevant in drink driving cases])
These are the relevant drink driving
offences
Failing to provide a roadside breath test
(Code DR70)
Penalty - Fine - up to Level 3
(£1,000)4 penalty points on your licence
Disqualification is at the discretion of the Court
Driving/Attempting to Drive with excess
alcohol (DR10)
Penalty - Fine - up to Level 5
(£5,000) and/or up to 6 months imprisonment
Mandatory disqualification for at least 12 months for first offence
Mandatory disqualification for at least 3 years for second offence
within 10 years.
Being in charge of a motor vehicle with
excess alcohol (DR40)
Penalty - Fine - up to Level 4
(£2,500) and/or up to 3 months imprisonment
10 penalty points on your licence
Disqualification is at the discretion of the Court
After Driving/Attempting to drive
refusing to provide samples for analysis (DR30)
Penalty - Fine - up to Level 5
(£5,000) and/or 6 months imprisonment
Mandatory disqualification for at least 12 months for first offence (18
months tends to be the norm as you are considered to have been trying
to avoid being found guilty)
Mandatory disqualification for at least 3 years for second offence
within 10 years
After being in charge refusing to provide
samples for analysis (DR60)
Penalty - Fine - Level 4 (£2,500)
and/or 3 months imprisonment
10 penalty points on your licence
Disqualification is at the discretion of the Court.
AND FINALLY::...........................................................................................................
A Real Friend ?
Another drink? My best friend said
As he leant across the bar
I can't I replied, you'll see me dead
You know I've got the car
Just the one, I've bought it now
He said as if it mattered
Then I stared across the motorway
Where all my life was scattered
I wish I hadn't listened
I moaned in deep despair
My friend lay dead beside me
He
didn't have a care
And if I hadn't listened
My friend might still be there
So if you have a friend
Who insists you have a drink
Just read to him this poem
Which should really make him think
Then if he still insists and tries to make a fuss
Tell him to drink it himself, then make him take the bus!
© Ken Ayling 1st September 1999
Kenayling@motorhoming.com
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