Drink Driving
Driving, or attempting to drive, with more than the allowed amount of alcohol in the body is an offence that can lead to a prison sentence. Usually, the measure is taken from the driver’s breath, but it can be taken from blood or urine, depending on the circumstances.
Prosecutions for drink driving can be straightforward – on occasion, they can be anything but. The procedure to be followed at the police station at the breathalyser stage is crucial to the case. Any failure can be fatal to a prosecution – even when, in reality, the driver was ‘over the limit.’
If a driver consumes alcohol after he drove the vehicle, scientific evidence can be used to show that he/she was under the limit at the time of driving.
It is always open to any driver to deny his/her guilt. In that case the burden is on the prosecution to prove guilt so that the Magistrates are sure. Nothing less than this will lead to a conviction.
However, remember that with all cases, penalties and costs will be higher if the disputed charge is proved.
Penalties
Drink Driving will attract a fine of up to £5,000, a community order, or up to 6 months in prison. In addition there is a disqualification for at least 12 months. The length of the disqualification is dependant on the amount of alcohol found to be in the driver’s breath, blood or urine. For a second offence within ten years, the minimum disqualification is 3 years.
It is, however, possible in some circumstances to avoid disqualification if there are special reasons that can be drawn to the Magistrates’ attention.
Drunk in charge
Being ‘in charge’ of a motor vehicle with more than the allowed amount of alcohol in the body is an offence that can lead to a prison sentence. Usually, the measure is taken from the driver’s breath, but it can be taken from blood or urine, depending on the circumstances.
A motorist can be ‘in charge’ of a motor vehicle in a number of different ways – he/she does not have to be inside the car to be ‘in charge’ of it.
As with all alcohol related offences, the procedure in the police station can be a crucial factor in any case. Any failure to follow the correct procedure can be fatal to the prosecution.
The prosecution does not need to prove that the defendant was likely to drive the vehicle. However, if you can prove that there was no likelihood that you would, you can be found not guilty. Scientific evidence can be sought to show how long you would have remained ‘over the limit.’
However, remember that with all cases, penalties and costs will be higher if the disputed charge is proved.
Penalties
Drunk in charge will attract a fine of up to £2,500, a community order, or up to 3 months in prison. In addition, the Magistrates will disqualify or impose 10 penalty points on your licence. The higher the alcohol reading, the more likely disqualification becomes.
Failing to provide a specimen
If the police suspect you of being drunk in charge or drink driving, they are entitled to require you to provide a specimen (usually of breath) for analysis. Failure to do so can lead to a prison sentence.
As with all alcohol offences, the procedures in the police station are crucial to any case. Any failure can be fatal to the prosecution.
If you can prove that you had a reasonable excuse to refuse or fail a defence may be open to you. Usually, this will be a medical condition that prevented you from providing the specimen. In such cases, medical evidence will be required to prove your case.
However, remember that with all cases, penalties and costs will be higher if the disputed charge is proved.
If you were not, in fact, driving you are still under a duty to provide a specimen and are guilty of an offence if you refuse to do so. However, this may well amount to a special reason that would allow you to escape disqualification or any penalty points.
Penalties
The maximum penalties depend on the circumstances of the offence. If you were driving a vehicle, the offence will attract a fine of up to £5,000, a community order, or up to 6 months in prison. In addition there is a disqualification for at least 12 months. For a second offence within ten years, the minimum disqualification is 3 years.
