It’s that time of year when saying “yes” to just one more drink at the Christmas festivities could cost far more than your utility bills this winter and carry devastating consequences for your life and others on the road.
While most people understand that drink driving is illegal, the legal alcohol limits in the UK are stricter than many realise:
- 35 microgrammes of alcohol in 100 millilitres of breath
- 80 milligrammes of alcohol in 100 millilitres of blood
- 107 milligrammes of alcohol in 100 millilitres of urine
What happens if you’re suspected of drink driving?
If a police officer suspects you of drink driving, you’ll typically be asked to take a roadside breath test.
If the roadside breath test is positive you are likely to be arrested and taken back to a police station to provide an evidential test, that is one that can be used in Court. Police can also request blood or urine samples under specific circumstances, such as:
- When a breath sample isn’t feasible for medical reasons.
- If a reliable breath-testing device isn’t available.
- If the breath test results are deemed unreliable.
- If there’s reason to believe drugs may be involved.
It’s important to note that refusing to provide a requested sample without a reasonable excuse is a separate offence of failing to provide a specimen which is similar to, but more serious than, most cases of simple driving with excess alcohol.
The consequences of drink driving
The consequences of drink driving can be life-changing, extending beyond legal penalties to personal and professional impacts.
Penalties for driving while over the limit include:
- Up to 6 months imprisonment
- An unlimited fine
- A driving disqualification for at least 1 year (or 3 years if convicted twice in 10 years)
However, if you cause death by careless driving under the influence the consequences are far more severe.
You could receive a life imprisonment sentence, an unlimited fine, a driving ban for at least 5 years and a mandatory extended driving test to regain your licence.
Beyond these legal penalties, a drink driving conviction can significantly increase your car insurance costs, affect your employability, and restrict your ability to travel abroad.
Alternatives to drinking and driving
Christmas parties are supposed to be a night to have fun and relax, not a prelude to regret.
When you are planning your options for getting to and from your festivities you have several options to consider.
For instance, you could designate a driver in your group who abstains from alcohol, use a taxi service, or depending on the time your event finishes, you may be able to catch some form of public transportation.
What should you do if you are caught?
If the tests come back confirming the officer’s suspicions that you were drink driving, it’s important to seek legal advice as soon as possible.
Our Road Traffic Department can provide specialist advice and representation, with the aim of defending and preserving your licence, wherever possible.
Our experienced team know what evidence to seek and what arguments could be used in favour of your defence to avoid or limit your driving ban.
We will provide you with advice on your rights in connection with court appearances.
For further information on how our Traffic Offences Solicitors can support you, contact our team.
If you need advice on road traffic offences, please contact our team to discuss your needs.