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The festive holidays are fast approaching. At this time of year many of us have diaries packed with drinks, meals, and celebratory events like the office Christmas party. The temptation to get behind the wheel after having a couple of drinks is high - December is a peak month for people drinking and driving.
It goes without saying that drink-driving is a very bad idea. Aside from the obvious increased risk of accident and injury (to you, to your loved ones, and to other road users), the legal consequences can be severe.
The Police are always very active over the festive period with a greater number of Police patrols and road checks. The last thing you want is to find yourself at Police Headquarters, rather than celebrating with your friends and family. Whilst we always love to hear from our clients, we would also prefer that we don’t receive a call from you from the cells!
What am I allowed?
The legal limit is 35 micrograms of alcohol per 100 millilitres of breath (or 80 milligrams of alcohol per 100 millilitres of blood, or 107 milligrams of alcohol in 100 millilitres of urine). It is impossible to say how many drinks an individual can have and be under the legal limit. Alcohol is broken down at different rates by different people. It will depend on a person's age, sex, and weight. It will also be affected by whether, and when the person last had food.
Neither can you (accurately) judge this by when you last consumed alcohol. Very rough guides on the time which should be left between drinking and driving can be found on the internet. However, these are extremely inaccurate and will not provide you with any defence should you be found to be over the limit! Without question, the safest way to avoid trouble if you need to drive is to avoid alcohol altogether. Extra care should also be taken the morning after a heavy night because you could still have too much alcohol in your system to drive.
What if I'm stopped?
If an officer stops you and suspects that you have been drinking you will be asked to provide a roadside breath test by blowing into a breathalyser. It is important that if possible you comply with this request and provide a good sample as failure to do so can amount to a separate offence. If you pass that test you will be free to go. If you fail that test you will be arrested and taken to the Police station.
At the Police station
At the Police station you will be asked to provide a further sample of breath, blood or urine, in order to determine exactly how far over the limit you are. If your reading falls below the legal limit you will be released. If it is over the limit you will be subject to an interview under caution, charged, and given a date to appear in the Magistrate’s Court.
It is important to remember that you have a continuing right to seek legal advice whilst at the Police station. That advice can be taken on a private basis or otherwise through the free legal advice service offered by the legal aid scheme.
At Court
If you are charged you will be presented before the Magistrate’s Court at the next available sitting. The charge will be put to you and you will be asked to enter either a guilty or not guilty plea. If you plead guilty you will be sentenced. If you plead not guilty your case will be sent to trial.
We strongly recommend that you instruct a lawyer to represent you at that hearing either privately, or by applying for legal aid (if you qualify for it).
Sentence
Drink driving is a serious offence. This is because of the potential life-changing consequences which an accident whilst under the influence might have - not only for you and your family but also the lives of others who might be killed or injured. The Court’s sentencing policy is severe to reflect that.
Ultimately sentence will depend on a number of factors, including:
1. How far over the limit you are;
2. The nature of your driving;
3. Whether you were involved in accident; and
4. Whether you have been convicted of drink driving in the past.
The maximum sentence that the Court can impose for a drink driving offence is 12 months custody and/or a fine (currently up to £10,000.00). The Court has issued guidelines which assist in identifying the appropriate sentence in a particular case. These suggest a financial penalty in cases where a person is up to twice the legal limit. In cases where a person is at or over twice the legal limit the guidelines suggest a custodial sentence should be considered.
Save in exceptional cases, if you are convicted of drink driving you will lose your licence. For a first offence this will be for a minimum of 12 months. For a second offence, it will be for a minimum of three years. In addition, you will be required to retake your driving test after the period of disqualification comes to an end. You will not be permitted to drive again until you have retaken and passed your test.
A drink-driving conviction will have a significant impact on your insurance premiums.
Just DON'T do it!
A drink driving conviction can have a significant impact upon you, your finances, your family, and your employment prospects (particularly if you are required to drive in the course of your employment). If you are planning on having a festive tipple or two, we strongly suggest that you make travel arrangements which do not involve your car. Get a lift, or use public transport, take a cab, or book a car back service. It really isn't worth the risk.
Written by George Pearce, Advocate, george.pearce@bcrlawllp.com
