Drink Driving.

7 August 2012

Drink Driving Factsheet Definition Attempting to drive or being in charge of a motor vehicle on the public highway or in a public place whilst under the influence of alcohol that exceeds the prescribed limit. Test Methods You will be asked to supply a breath test if a police officer suspects you've been drinking (for example erratic driving or involved in an accident). If you fail the roadside breath test you will be arrested and taken to a police station where you will be asked to provide 2 specimens of breath, the lower reading is the one that will be used. If the breath specimen is no more than 50mg, you are entitled to request that a sample of blood or urine by taken. Blood and urine tests are considered more accurate than breath tests in assessing blood alcohol levels. If you are offered a blood or urine test you should always agree, the accuracy of either test may be the difference between prosecution or no further action. The police may also request a blood or urine test if you are unable to provide a breath specimen because of some medical condition, for example, severe asthma. There are of course inevitable consequences of failing to provide any type of sample. * Legal Representation If you're arrested and detained at a police station you should seek advice from a solicitor via one of the options below: • ask to see the duty solicitor – they provide free legal advice 24/7 • ask to see your own solicitor or a solicitor you've heard of If you decide not to seek legal advice and are subsequently charged it is advisable to find a solicitor to represent you in court. A solicitor will advise you on any possible defence, or on minimising the period of disqualification and receiving a reduced sentence. UK Legal Drink Drive Limited • 35 microgrammes of alcohol in 100 millilitres of breath • 80 milligrams of alcohol per 100 millilitres of blood • 107 milligrams of alcohol per 100 millilitres of urine. If you require advice in relation to any Criminal matter please contact our Crime team on 0845 5212999, or email criminal@gepp.co.uk, who will be able to assist you. * A further Article dealing specifically with "failure to provide" will be published shortly. The above is not legal advice; it is intended to provide information of general interest about current legal issues.