The festive season is a time for celebration, but it also brings a sharp rise in drink driving incidents.
Every year, police forces across the UK increase roadside checks and December accounted for 18 per cent of the total breath tests in 2023.
With more people on the roads after office parties and family gatherings, it is important to know your legal rights if you are stopped or charged for drink-driving.
Our Road Traffic law expert, Jeremy Sirrell investigates.
What is the legal limit and offences?
In England, Wales and Northern Ireland it is illegal to drive a motor vehicle with more than 80 milligrams of alcohol per 100 millilitres of blood or 35 micrograms per 100 millilitres of breath.
A conviction can result in a minimum 12-month driving ban, an unlimited fine or even imprisonment in some serious cases.
What happens if you are stopped by the police?
Police can stop any vehicle at their discretion and if they suspect you have been drinking, they can request a roadside breath test.
Failing or refusing the test without a reasonable excuse, such as a medical condition, is a separate offence and can likely result in arrest.
If you fail the roadside test, you will taken to a police station for a more accurate evidential breath, blood and urine test, where the lower of the readings will determine if you are charged.
What are your rights at the police station?
Once you are detained, it is crucial to know that although you have the right to remain silent when being interviewed, doing so when being asked to provide a sample may amount to refusal to provide a specimen.
Equally, the Police and Criminal Evidence Act requires the police to offer you access to legal advice or contact a family member whilst you are in custody, but such rights do not allow you to delay the procedure whilst accessing them.
However, driving prosecutions can fail if evidence is mishandled due to incorrect breathalyser readings, faulty equipment, incomplete or missing records or a lack of clear evidence that you were driving the vehicle.
Our specialist solicitors can carefully examine the prosecution’s evidence to uncover any procedural mistakes or weaknesses in the case.
We assess that blood, breath or urine tests were carried out with full consent, accuracy and reliability, as any errors could make it inadmissible in court.
Are there any mitigating factors against my sentence?
Even if you are convicted, the court can consider mitigating factors when deciding your sentence. These can include:
- Having no previous convictions
- Demonstrating genuine remorse
- Driving is an element of your job and could result in a loss of earnings
- Medical or emergency reasons for driving
You may also be offered a Drink Drive Rehabilitation Course (DDRC), which can reduce the length of your ban by up to 25 per cent.
How to seek help in the holidays?
During the holidays, remember that even the smallest amounts of alcohol, including in food or festive desserts, can affect breathalyser results.
By understanding the factors and procedures in these situations, you can be prepared for these situations and the process.
Our professional team can guide you in making sure your rights are protected and your case is managed fairly, allowing you to celebrate your Christmas safely.
If you want advice on how to handle roadside checks, contact our expert Road Traffic team for guidance.