10 Drink driving dos and don’ts
Don’t
Do not place pennies under your tongue when undergoing a breath test. It will
have no effect on the reading and make you look dishonest in court.
Do
Answer the officer’s questions honestly and accurately. Some of the questions the
officer will ask you are for your benefit. If the officer asks if you have had
an alcoholic drink over the past twenty minutes he/she is actually telling you
that he will have to wait for twenty minutes before he carries out a test. This
is because an officer has to wait until any residual traces of that alcohol
which could affect the machine are gone. The same goes for any consumption such
as food, smoking or using inhalers etc.
Don’t
Be obstructive. The officers are only doing their job which they will carry on
with regardless of a person’s attitude. Most officers will try their best to
make the process a smooth one for you but they also have the means to make it
uncomfortable.
Do
Tell the officer about any medication you are currently taking. Even if the
officer believes it will have no bearing on the case it is crucial to the later
stages of a case that you raise the issue.
Don’t
Refuse a blood or urine sample. If the reading is 50mgs or below the officer will
offer you blood or urine to confirm the reading you have given. People should
always take this option unless they are physically or mentally unable as it will
result in a more accurate reading. You are allowed this option as the machines
reading may not be 100% accurate and therefore anyone who refuses to have the
reading replaced with a more accurate one is wasting a valuable opportunity.
Do
Accept a sample of blood or urine that you have provided, if one is offered to
you. There are often discrepancies between two samples taken at the same time
and this could be used to your advantage.
Don’t
Listen to an officer who tells you that the option of replacing a breath sample
of blood or urine is just a waste of time. It is not and if an officer does
attempt to dissuade you in any way you may have a defence to an
excess alcohol charge, for this reason alone. Most officers would not give
you any information about this decision but occasionally they will give you
advice, often believing they are simply helping you.
Do
Tell the officer if you have any breathing problems. If you have attempted
unsuccessfully to provide a sample of breath you will be charged with failure to
provide a specimen of breath. If you tell the officer of any breathing
difficulties you have then you will most likely be offered a chance to provide
blood or urine.
Don’t
Refuse your right to have a solicitor. Not all solicitors will be excess alcohol
specialists but most can answer questions as to whether you should provide a
specimen if for example you were not the driver and they will be able to help
you should the police wish to interview you.
Do
Give correct details to the police. People who give false details are nearly
always found out and you will not come across well in court having told lies.
Furthermore you may face fresh charges even if you are found to be under the
drink drive limits.
Don’t
Refuse to provide a breath specimen without a very good reason. People who do not
attempt to provide breath samples have very few defences to charges such as
failing to provide a specimen. Often people charged with this offence can end up
with even harsher sentences as the Court do not know whether you had one drink
or twenty.
Do
Seek representation for Court appearances. Even if your case is not defendable
having good representation at court can mean the difference between a fine or
community punishment. It could also mean the difference between community
punishment and custody.
Don’t
Attempt to blow around the tube. Intoxilyser machines are very accurate and know
if there is not enough breath being provided. You will not beat the machine you
will simply fail to provide a specimen.
Do
Keep an accurate record of everything that was done and said at the police
station and of any driving incident. Although you think you remember what
happened you will do a far better job if you put it all down on paper at the
first opportunity.
Don’t
Attempt to drive just because you feel fit to drive. Any good website relating to
alcohol offences will be able to tell you how much you can legally drink. The
worst judge of sobriety is a person who has had a few drinks.
Do
Avoid sitting in a vehicle whilst intoxicated even if you have no intention to
drive and stay out of the driver’s seat in particular. On officer is well within
his or her rights to arrest you for being drunk in charge of a motor vehicle and
it will be up to you to prove that you had no intention of driving further. This
may be difficult and expensive to do.
Don’t
Assume that you can drive on car parks and industrial sites when intoxicated
because they are “private land”. In actual fact if the public have access then
you are just as likely to be prosecuted for driving in these places as you would
be on a public road.
Do
Stay at the scene of any accident even if you are intoxicated. Whilst excess
alcohol offences are very serious you will find yourself in far greater trouble
if you leave the scene of an accident or fail to report an accident. You are
under an obligation to report an accident even if it is just road furniture such
as a traffic sign or lamppost. Believe it or not you even have a duty to report
and accident if you simply hit a tree.
Don’t
Take legal advice from police officers or friends. Whilst most people will give
you advice in an attempt to help you, try to only take notice of advice provided
by solicitors or the Court. Again, most pieces of advice you will hear are not
attempted to lead you astray but they are not always entirely accurate and they
can sometimes leave you in a weakened position.
Do
Respect any disqualification you receive. Whilst an excess alcohol offences may
not please your boss and make it difficult to get around a spell in prison will
almost certainly be life altering.