Drink Driving Law

The facts about drinking and driving

Many people have an idea about the laws on drink driving, but it’s best to be absolutely sure of what the facts are.

When can the police require a breath test?

Anyone who is driving, attempting to drive, or in charge of a motor vehicle, whether it be on the road or in a public place (for example a pub car park or a garage forecourt), may be required by the police to provide a breath test, in order to check that they are under the prescribed limit of alcohol, which stands at 35 micrograms of alcohol per 100 millilitres of breath (or 80 milligrams of alcohol per 100 millilitres of blood).

Only a police officer can make this request. The officer no longer has to be in uniform to require a preliminary test (breath test), but he does have to be uniformed to administer it (unless after an accident). The request can only be made in one of the following scenarios:

1. The police officer has reasonable cause to suspect that you have committed, or are currently committing, a moving traffic offence;
2. Having stopped them, an officer has reasonable cause to suspect that the person driving/attempting to drive/in charge of the vehicle has consumed alcohol;
3. 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.

This means the police cannot simply stop you at any time and insist on a breath test. They are entitled to randomly stop your car, but they can only insist on a breath test in one of the cases described above.

What happens if the roadside test is positive, or you refuse, or you can't give the necessary sample?

If your test comes out positive, or you won’t or can’t give the sample, you will be arrested anxd taken to the police station. There 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 are different then the police are bound to take the lower reading. In the event that the reading is in excess of the prescribed limit you will have committed an offence and will be charged.

It is not your right to choose to give a urine or blood sample instead. By failing to supply a breath specimen at the station you will be committing an offence, unless you have a reasonable excuse for doing so. Simply being too drunk or unfit to supply the necessary breath specimen does not constitute a reasonable excuse.

If you have a medical condition which precludes you from giving enough breath for the machine to give a reading, this may be accepted as an excuse. Any such condition should be made known to the police at the first opportunity.

You may be requested to give a sample of blood or urine as an alternative to a breath test in the event that:

1. No automatic measuring device is available at the time of your arrest, or the device used is malfunctioning;
2. The offence involves drugs and the police officer has taken medical advice that your condition may be drug-related;
3. The police officer making the request has reasonable cause to believe that there are health reasons precluding the use of a breath sample.

What happens if my reading is close to the limit?

If you score 39 micrograms or less with the lower of your readings, then you can expect to be released without charge or with a caution. If the lower reading falls between 40 and 50 micrograms, the police have to present you with the option of giving a specimen of blood or urine as an alternative (if the police do not give you this option you will have a cast-iron defence against the charge).

You should be asked whether you would prefer to give blood or urine, but ultimately it is for the police to choose which one they offer you, unless there is a medical condition which would make either option unfeasible. The police are not able to take a blood sample without your agreement, but if you refuse this option once it is offered then the police are entitled to rely on the breath sample which was taken.

If giving a urine sample you will be requested to give two samples within an hour. Any blood sample must be taken by a police surgeon. You have a right to have two blood samples taken which it is wise to take advantage of.

What happens if you are charged?

If it turns out that the police charge you, the charge will be read out to you along with the customary warning about saying things which may later be given in evidence. Thereafter you will be asked to sign the Charge Sheet, a copy of which will be provided to you. Normally you will be bailed to attend court on a specified date, i.e. you will be free until that date.

Naturally as you will be in an inebriated state the police will not allow you to drive home from the station. You are however free to drive until the date of your court hearing. Any ban you incur in court will come into effect immediately.

If I get a ban can I get my licence back before the ban ends?

If certain conditions are met, a disqualification of more than 2 years may after 2 years be removed by the court. The driver disqualified must appear at the court where the disqualification was imposed in person and satisfy the court that:

1. No further road traffic offences have been perpetrated during the 2 year ban

2. There is a good and adequate reason for the return of their licence, which might include

• new job or promotion
• moving to a rural location meaning greater necessity of a car
• completion of alcohol abuse treatment in the case of drink driving

If you need legal advice regarding drink driving, our Instant Law Line service can quickly put you in touch with a lawyer. It only costs £7.99 a month for unlimited calls.

Below 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

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