Drink driving is treated as a serious criminal offence. The laws governing alcohol-related driving offences are detailed and technical, which means it is important to obtain advice from lawyers who understand road traffic law. An experienced motoring offence defence team will carefully review the evidence, examine the procedures followed by the police, and advise you on the strength of the case against you.
Depending on the circumstances, there may be a number of ways to challenge the evidence presented. For example, it may be possible to question the reliability of the breath testing device, whether the correct procedures were followed by the police, or whether you were properly warned that a failure to provide a specimen could lead to prosecution. Other issues may include whether the police lawfully required a test, whether the arrest was valid, or whether you were actually driving or attempting to drive at the relevant time.
In some situations, medical conditions may affect your ability to provide a sample, which could be relevant to a refusing or failing to provide a specimen allegation. There may also be cases where alcohol was consumed after driving, meaning that at the time of the alleged driving you were not over the legal limit.
A conviction for drink driving or driving whilst unfit through drink usually carries a mandatory driving disqualification of at least 12 months. In more serious cases the court can impose penalties such as a community order, a substantial fine, or even imprisonment for up to six months. The length of any disqualification and the severity of the sentence will depend largely on the level of alcohol recorded in your system.
The current legal limit for alcohol in breath is 35 micrograms of alcohol per 100 millilitres of breath.
Alcohol limits also exist for blood and urine samples. Depending on the circumstances, the police may require you to provide either a blood sample or a urine sample for evidential testing.
In some cases individuals are charged with the offence of being in charge of a motor vehicle while over the prescribed alcohol limit. This situation commonly arises where a person is found inside a vehicle with the keys while over the legal limit, even if the vehicle is not being driven at the time. For example, someone may be found asleep in their car after drinking.
Each case depends on its specific facts. If it can be shown that there was no intention or likelihood of driving while over the limit, this may provide a possible defence to the allegation.
This offence can result in 10 penalty points on your licence and the court also has the power to impose a discretionary driving disqualification.
A conviction for any alcohol-related driving offence can have significant consequences. These may include the loss of your driving licence, increased insurance premiums, potential employment difficulties, and possible travel restrictions to certain countries.
Breath alcohol readings used as evidence must be taken using a government-approved evidential breath testing device. The device used at the roadside is known as a preliminary roadside breath test, which acts only as a screening tool. Its purpose is to allow officers to determine whether a driver may be over the limit and whether they should be arrested and taken to a police station for an evidential test.
Only a police officer can require a preliminary roadside breath test. The officer does not have to be in uniform to request the test, although the officer must normally be in uniform to administer it unless the request follows a road traffic collision.
A roadside breath test can only be required if a police officer has reasonable grounds to believe that:
- You have committed or are committing a moving traffic offence
- You have been driving, attempting to drive, or in charge of a vehicle after consuming alcohol
- You were driving, attempting to drive, or in charge of a vehicle involved in a road traffic accident
Although the police have the authority to stop vehicles at random, they cannot require a breath test unless one of the circumstances above applies.
When asked to provide a roadside breath sample, you may technically refuse the request. However, refusing or failing to provide a sample without a reasonable excuse can itself be treated as a criminal offence and may lead to arrest and prosecution.
In some situations a person may have a valid reason for not being able to provide a sample. For example, breathing difficulties or certain medical conditions may make it impossible to provide sufficient breath for analysis. Where a legitimate reason exists, it may be raised as a defence.
If the roadside test indicates that alcohol may be present above the limit, or if you fail or refuse to provide a sample, you may be arrested and taken to a police station. At the station you will usually be asked to provide two evidential breath specimens using an approved testing device.
Where two readings are obtained, the lower of the two results will normally be used as evidence. If the lower reading exceeds the legal limit, the police may proceed with a charge for a drink driving offence.
In certain circumstances the police may require a blood sample or urine sample instead of breath. These samples are analysed to determine the level of alcohol in the body and may be used as evidence in court.
Situations where a blood or urine sample may be requested include:
- Where there are medical reasons preventing a breath test
- Where an approved breath testing device is unavailable or cannot be used
- Where the breath device may not have produced a reliable reading
- Where there is suspicion that drugs may have been taken
- Where a medical professional indicates that a condition may be related to drug use
A urine sample may be taken with your consent by a police officer, doctor, or healthcare professional.
A blood sample, however, can only be taken by a doctor or other qualified medical professional and must also be given with your consent.
Refusing or failing to provide any required sample without a reasonable excuse is itself an offence and can result in prosecution and disqualification from driving.
Examples of a reasonable excuse may include a medical condition that prevents a person from providing sufficient breath for analysis, or a genuine medical phobia relating to needles which prevents the provision of a blood sample. If such a circumstance applies, it is important to inform the officer at the earliest opportunity.
However, simply claiming that you were too intoxicated to provide a sample will not normally be accepted as a reasonable excuse.
Even where a person admits the offence, the court may still consider whether there are special reasons connected with the circumstances of the offence. In certain situations, these special reasons may allow the court to reduce or avoid a driving disqualification.
