Drink & Drug Driving

Drink driving carries harsh penalties, a criminal record and is frowned upon by many people and by employers or potential employers too.

Drink Driving - What you should know

The legal limits for drink driving are:

• 35 micrograms of alcohol in 100ml of breath
• 80mg of alcohol in 100ml of blood
• 107mg of alcohol in 100ml of urine

The prosecution must prove that an individual drove, or attempted to drive on a road or other public place, after consuming alcohol and that the amount of alcohol consumed was above the legal limit

Penalties for driving;
A mandatory disqualification of a minimum of 12 months will be enforced upon conviction. If you have a previous disqualification in the last 10 years, this will increase to a minimum 3-year disqualification. 3-9 penalty points may be endorsed onto your driving licence as well as being subjected to a financial penalty. You may be offered the opportunity to go on a voluntary course (Drink Drive Education course), which will reduce the length of your disqualification by 25%.

Defences
“Hip flask” defence – you will need to show that you were only over the prescribed limit at the point of the police procedure being carried out, due to the amount of alcohol consumed after driving and prior to being arrested by the police.
 

Drug Driving - What you should know

As from the 2nd of March 2015 a new law came into effect which introduces offences for drug driving. The offence of driving whilst unfit through drugs requires the presence of drugs and evidence of impairment which is often difficult for the police to prove. The new law works on the same principal as the drink driving offences with specified levels and excess will result in prosecution.

Penalties;
The offence carries a mandatory 12 months disqualification, maximum of 6 months imprisonment and a fine up to £5,000.00
Only the presence of a drug in the blood, above the specified levels will be required by the prosecution to prove their case. The prosecution are no longer required to show that the driving was impaired at the time.

Defences;
Where the presence of a medically prescribed drug is detected, there is a medical defence. If you have been accused of drug driving, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.