Excess Alcohol - Drink Driving Offence

It is an offence to drive, or attempt to drive, a motor vehicle on a road of other public place whilst over the prescribed limit, which are as follows:

Breath: maximum of 35 ug of alcohol in 100 ml of breath
Blood : maximum of 80 mg of alcohol in 100 ml of blood
Urine : maximum of 107 of alcohol in 100 ml of urine

It is also an offence to be in charge of a motor vehicle whilst over the prescribed limit. However, a motorist will have a defence if it is proven that, at the material time, there was no likelihood of driving that vehicle whilst the proportion of alcohol in their body exceeded the limit. This defence is not likely to be successful where a passenger is prosecuted under this section, who at the time was supervising a “learner” driver.

This is an extremely technical and complex area of law. So much so that the police often make material errors in the procedure that they follow. Those defects in procedure, if significant enough, can result in a case being thrown out of Court and someone being found not guilty.

The police rely upon numerous devices to measure the quantity of alcohol in someone’s body an each device has a specific procedure which must be followed. Again, incorrectly operating the machine may give rise to a technical defence to a charge that someone has driven a vehicle whilst over the prescribed limit.

There are a further ways in which this offence may be challenged. Post driving consumption (the “hip flask” defence) is one way whilst it is also possible to argue that the offence alleged did not occur on a road or public place. Cases may also be fought on the basis of identification evidence or by putting forward the argument that the amount of alcohol consumed is not comparable with the reading provided by the screening device. If successful, this could lead to an inference that the machine was not functioning correctly and so the reading obtained should not be relied on by the Court.

Penalty

The penalty for driving with excess alcohol varies depending upon the level of intoxication. However, disqualification is automatic on conviction and mandatory, unless special reasons can be found.

In serious cases the Court will consider imposing a custodial sentence, of a maximum period of 6 months. In less serious cases the minimum disqualification of 12months and a financial penalty of up to £5000.00 may be imposed. However, where there is at least a second similar, or other alcohol related offence, within the last 10 years the risk of custody will be increased and a minimum 3 year disqualification will be imposed.

If special reasons are found the Magistrates’ are entitled to endorse your driving licence with between 3 – 11 penalty points. However, unless your licence is clean this may cause you to “tot” under the “totting up” procedure.

The penalty for being drunk in charge is 10 penalty points, or a discretionary disqualification, and a financial penalty of up to £2500.00. However, in serious cases the Court can sentence to a maximum term of 3 months custody.