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It is an offence for any person to attmept to drive a motor vehichle, on a road or
in any public place, or to be in charge of a motor vehicle, whilst over the prescribed
limit of alcohol. Currently, the prescribed lmits are as follows.
Breath |
35 micrograms of alcohol per 100 millilitres of Breath |
Blood |
80 milligrams of alcohol per 100 millilitres of Blood |
Urine |
107 milligrams of alcohol per 100 millilitres of Urine |
A fine of up to level 5 is usual for drink driving, and level 4 for being
in charge of a vehicle while drunk. For drink driving, there is also a mandatory disqualifaication
from driving. This is 12 months for your first offence, and 3 years for subsequent offences.
When Can The Police Perform A Breath Test?
Any police officer, who is in uniform can request a breath sample if one of
the following conditions is true.
- You are committing, or have committed a traffic offence.
- He has reason to believe that you have consumed alcohol.
- He has reason to believe that your vehicle has been involved in an accident.
So A Police Officer Cant Stop Me For No Reason?
Any police officer can stop a car, and tell the owner to pull over to the side of the
road for no reason whatsoever. However, they cannot subsequently perform a roadside
breath test if they have no reason tho suspect one of the above conditions. Valid
reasons for requesting a breath sample are that you were speeding, the officer can smell
alcohol on your breath, or that your car resembles a description given by a witness to an
accident.
What Happens If The Test Is Positive, Or I Refuse Or Am Unable To Give
A Sample?
In any of these cases, you will be arrested, and taken to the police station, where you
will be asked to provide 2 more breath samples for testing on a more sensitive machine.
If the two samples give seperate readings, the police must always treat the lowest reading
as true, and discard the other. The police may ask you to provide a sample of blood or urine,
instead of breath if one of the following conditions is true.
- There is no breath analysing machine available, or it is broken.
- The police belive that a breath sample should not be requested for health reasons.
- The offence involves drugs, and a medical specialist has decided your condition
may be due to drugs.
What If I Would Prefer To Have A Blood Or Urine Sample?
You do not have the right to request a blood or urine sample, but if the breath reading
is 50 micrograms or less (within 15 micrograms of the limit) you must be offered the option
to give either a urine or blood sample. This is because these tests are more accurate, and
provide a measure of how much alcohol you have consumed, rather than just the amount of
alcohol residue which is in your mouth. If the police do not give you this option, you can
use it as a defence against any subsequent charges.
Although you can choose either a blood sample, or urine sample, the police have the final
decision of which to give you. Blood can only be take by a qualified police surgeon.
Drink Driving Offences, and Their Punishments
Failing To Provide A Roadside Breath Test
A fine of up to level 4, and 4 penalty points on your licence. The court may also decide
to disqualify you from driving for a period of time.
Driving Whilst Over The Limit
A fine of up to level 5, and mandatory disqualification. Disqualification is for 12 months
for your first offence, and 3 years for subsequent offences. The court mayalso decide to
imprison you for up to 6 months.
Being In Charge Of A Vehicle Whilst Over The Limit
A fine of up to level 4, and 10 penalty points on your licence. The court may also decide
to disqulify you from driving, or imprison you for up to 3 months.
After Driving Whilst Over The Limit, Failing To Provide Samples
A fine of up to level 5, and mandatory disqualification form driving for at least 12 months for
the first offence, and 3 years for subsequent offences. The court may also decide to imprison
you for up to 6 months.
After Being In Charge Whilst Over The Limit, Failing To Provide Samples
A fine of up to level 4, and 10 penalty points on your licence. The court may also decide
to disqualify you from driving for a period of time, or imprison you for up to 3 months.
© Luke Culverwell 2001, All Rights Reserved |
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