Drink Driving

What Constitutes Drink Driving?

Drink driving is best described as being in charge of a motor vehicle whilst under the influence of alcohol. Many people annually are found to be guilty of this offence - some of them without actually knowing they are over the legal limit.

What is the Legal Limit?

Currently the legal limit for alcohol consumption is:

• Thirty-five milligrams of alcohol per one hundred millilitres of breath or
• Eighty milligrams of alcohol per one hundred millilitres of blood

Anything over and beyond this is regarded as being over the legal limit and is subject to charges being brought against the driver. As we have already mentioned there are instances when the individual is not aware that he or she is over the legal limit. This can sometimes come about if they have been out the night before and have taken to driving early the next morning before the alcohol has had ample time to work through the system.

The Breath Test

Anyone can be asked by a police officer to provide a breath test if the police officer considers the behaviour of the individual in question to be under the influence of alcohol.

A police can ask for the breath test if he or she considers that the individual in charge of the vehicle is currently under the influence of alcohol and they are either:

• Behaving in a manner that would suggest the over consumption of alcohol
• Being Unresponsive to questioning
• The driver is in charge of a vehicle suspected of being involved in an accident

If any of the aforementioned are considered possible by the officer then he or she can request that the individual in charge of the vehicle provide a breath test. It is worth noting at this juncture that failing to provide a breath test at this stage can result in arrest for failing to provide a breath test. This automatically incurs four penalty points on the driver's licence.

The breath test involves blowing into a bag for a sustained number of seconds so that a so-called 'breathalyzer' can take a reading. If you fail the breath test at the roadside you will be taken to the nearest police station were two further readings will be taken.

Failing the Breath Test

If you fail the breath test - as we have already mentioned - you will be arrested and taken to the nearest police station where two further tests will be required. If these subsequent tests provide lower readings than initially taken then the lowest reading must be submitted. However if this reading is still over the legal limit then you will be charged with the offence.

Often the individual will be bailed and asked to appear before a magistrate at a later date. You will be allowed to continue driving until such times as your hearing but if you are found guilty of driving under the influence of alcohol then you can reasonably expect to receive:

• Compulsory driving ban (Minimum 1 year)
• Fine of up to £5,000
• Four points on your licence upon renewal

If you are disqualified then it is at the magistrate's discretion as to how long the ban will last. He or she can decide if they feel there is cause to extend the ban to anything up to five years.

Again it is important to remember how easily an individual can go over the legal limit when it comes to drinking and driving. There are plans afoot at the present time to reduce the legal limit and it is likely that these measures will be approved.

It is best if you are going out for the evening to leave the car at home or ask someone who is not drinking to drive.

Likewise the next morning if you have had a significant amount to drink the previous evening; it is best not to take your car and to use public transport or secure a lift.