Drink Driving
Exceeding the prescribed limit
It is an offence to drive, attempt to drive, or be in charge of a motor vehicle on a road or public place if the level of alcohol in your breath, blood or urine exceeds the prescribed limit.
The law specifically states that your alcohol level at the time of any alleged offence is presumed to be the same, or not less than, the result of the analysis of the breath, blood or urine sample. It may be possible to challenge this if you can show that:
- you had consumed alcohol after you stopped driving but before the specimen for analysis was provided and
- had you not taken that alcohol you would not have been over the limit and
- your ability to drive would not have been impaired
Note: If the offence alleged is being 'in charge', it is a defence if you can show that there was no likelihood of you driving while you were over the limit.
legal limit
The legal limit of alcohol in the body is:
- 35 micrograms (µg) per 100 millilitres of breath
- 80 milligrams (mg) per 100 millilitres of blood
- 107 milligrams per 100 millilitres of urine
Failing to provide a sample
An offence is committed if you:
- fail to provide a specimen of breath for a preliminary breath test, or
- fail to provide a specimen of breath/blood/urine at the police station when requested (unless you have a reasonable excuse*), or
- refuse to provide a specimen
*Generally, for an excuse to be considered it must relate to a physical or mental inability to provide the sample. In law:
- imposing conditions (eg delaying a sample being given until a solicitor arrives) amounts to a refusal
- the police are under no obligation to delay the process of taking samples and unless there is a relevant medical reason, our advice is that you should never refuse to give a specimen, regardless of whether you feel your refusal would be justified or not
If you refuse and subsequently a court does not accept your reasons, it will be too late to avoid the offence of refusal. A conviction for failing or refusing to give a sample at the police station would make you liable to an automatic disqualification.
Being unfit to drive
It is an offence to drive, attempt to drive, or be in charge of a mechanically propelled vehicle on a road or public place while unfit through drink or drugs.
You would be considered unfit if your ability to drive properly is impaired (even if the amount of alcohol in your body is within the prescribed limit). Evidence of being unfit may be found, for example, in erratic driving, the occurrence of an accident, or your condition.
Penalties
The chart shows the maximum penalty for each offence stated in the Road Traffic Act 1988. It is impossible to say exactly what a Court may impose in a particular case but individual advice may be able to give some general indication of the possible sentence.
| General nature of offence | Max prison/fine | Disqualify | Endorse licence | Penalty points |
| Causing death by careless or inconsiderate driving when under the influence of drink or drugs | Ten years or unlimited fine or both | Obligatory | Obligatory | 3-11 |
| Driving or attempting to drive when unfit to drive through drink or drugs | Six months or £5,000 or both | Obligatory | Obligatory | 3-11 |
| Being in charge when unfit to drive through drink or drugs | Three months or £2,500 or both | Discretionary | Obligatory | 10 |
| Driving or attempting to drive with excess alcohol in breath/blood/urine | Six months or £5,000 or both | Obligatory | Obligatory | 3-11 |
| Being in charge with excess alcohol in breath/blood/urine | Three months or £2,500 or both | Discretionary | Obligatory | 10 |
| Failing to provide a specimen of breath for a breath test | £1,000 | Discretionary | Obligatory | 4 |
| Failing to provide a specimen for analysis or laboratory test | (a) When driving or attempting to drive: six months or £5,000 or both | Obligatory | Obligatory | 3-11 |
| (b) In any other case: three months or £2,500 or both | Discretionary | Obligatory | 10 |
4 September 2009