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Everybody in the pub thinks they are an expert on the drinking and driving laws, but here are the hard facts. We hope you never have to worry about them.
When can the police require a breath test?
Any person who is driving, attempting to drive, or in charge of a motor vehicle
on the road, or in a public place (eg a pub car park or a garage forecourt), may
be required by the police to provide a breath test, to ascertain whether they
are over the prescribed limit of alcohol - 35 micrograms of alcohol per 100
millilitres of breath (or 80 milligrams of alcohol per 100 millilitres of
blood).
The request must be made by a police officer in
uniform, but can only be made if one of the following situations apply
:-
- the police officer has reasonable cause to
suspect that you have committed, or are currently committing a moving traffic
offence, or
- if, having stopped, an officer has reasonable
cause to suspect that the person driving/attempting to drive/in charge of the
vehicle has consumed alcohol, or
- 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.
So does that mean that the police can
just stop your car if you are driving along and insist on giving you a roadside
breath test?
The answer is NO.
They are entitled to randomly stop your car, but they can only insist on a breath test if they have reasonable cause to suspect you have committed a traffic offence, or have consumed alcohol (eg they can smell it on your breath),
or they reasonably believe you have been involved in an accident (e.g. the
description of your car matches that given by a witness).
What happens if the roadside test is
positive, or you refuse, or you can't give the necessary sample?
If any of these happen you will be arrested and
taken to the police station. At the police station you will usually be asked to
provide two specimens of breath for analysis (using approved evidential
instruments such as an Intoximeter EC/IR; Lion Intoxilyzer; or Camic
Datamaster). If the two readings differ then the police must rely on the lower
reading. If the reading is over the prescribed limit then you will have
committed an offence and you will be charged.
You do not have a right to insist on
supplying a sample of blood or urine instead. If you fail to supply a breath
specimen at the station you will have committed an offence, unless you have a
reasonable excuse. Being too drunk or unfit to supply the necessary breath
specimen is NOT a reasonable excuse. A medical condition which prevents you from
supplying enough breath for the machine to sample may be a sufficient excuse. If
you have such a condition you must advise the police at the time.
The police may legitimately request that you
provide a specimen of blood or urine as an alternative to a breath test, if
:-
- No automatic measuring device is available at
the time of your arrest, or it is not working properly.
- The offence involves drugs and the police
officer has taken medical advice that your condition may be due to
drugs.
- The police officer making the request has
reasonable cause to believe that breath samples should not be requested for
health reasons
What happens if it is close to the
limit?
If the lower of the two breath
readings at the station is 39 micrograms or below, then you should be released
either without charge or with a caution. If it is between 40 and 50 micrograms,
then you MUST be offered the option of providing an alternative specimen
of either blood or urine (if the police fail to offer you this option then you
will have a defence to the charge). You should be asked which you would prefer,
but it is up to the police to decide which one they offer you, unless, again,
you have a medical condition which would preclude you from providing the
necessary sample. The police cannot take a blood sample without your consent,
but if this is the option offered and you refuse to consent then the police can
rely on the breath sample they have taken.
If you are asked to provide urine they will ask you
to provide two samples within an hour. If blood then this must be taken by a
police surgeon, who will have to be called to the station.
You have a right to have the second sample taken
and you should always avail yourself of this right.
What happens if you are
charged?
If you are going to be charged
you will have the charge read out to you and you will be cautioned about saying
anything which may later be used in evidence. You will then be asked to sign the
Charge Sheet and a copy will be given to you. You will usually then be bailed to
attend at Court on a specified date - ie you will be free to go and must attend
Court on the date and time given. You will not usually be allowed to drive from
the station (as you would most likely be committing another offence), but you
are free to drive until the date of your hearing when any ban that may be
imposed will come into immediate effect.
If I get a ban can I get my licence
back before the ban ends?
A person
disqualified for more than 2 years, may after 2 years, apply to the court that
imposed the ban to have the remaining period of disqualification removed. They
must appear in person and must satisfy the court that:-
1. They have
committed no further road traffic offences during the 2 year ban, and
2.
There is a good and adequate reason for the return of their licence (eg the
chance of a new job, promotion, moving to a rural location and need a car [proof
of successful alcohol abuse treatment may also be relevant in drink driving
cases])
These 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
Information supplied
by and copyright Road Law (www.road-law.co.uk), part of
LAW on the WEB UK Ltd
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