Alcohol offences
In the drinking culture of today, it can be alarming to think that you could be charged with a drink driving offence without actually driving a vehicle.
We can help you with any drink driving offence.
But first let us help you understand exactly what the main offences are.
Drink driving offences are split into four main sections, each of which is explained here.
1. Driving with excess alcohol.
This is when you have been driving or attempting to drive after consuming an amount of alcohol over the approved amount. In other words, you are
driving whilst over the drink drive limit.
You cannot be convicted of this unless it has been proven that you are over the limit after taking a breath, urine or blood test from the police station.
The readings must be taken from a Government approved device such as a breathalyser. A roadside testing device is not an approved device.
Road testing devices are simply used to help police officers decide whether or not you are drink driving and should be taken to the police station to do an official test.
What are the punishments?
You could face a maximum six months imprisonment, a £5,000 fine and a driving ban.
2. Failure to provide a specimen.
This is when you refuse to provide a specimen
of blood, breath or urine to the police.
What are the punishments?
Refusing a test at the police station could get you 6 months imprisonment and a £5,000 fine as well as a lengthy driving ban. Evidence of high levels of intoxication and lack of co-operation at the police station can now greatly increase your sentence. Moreover, if the courts believe you failed to provide a specimen because you knew you were drink driving, your punishment could be more severe.
The punishment for failing to provide a specimen, as you can see, can be far worse than that for drink driving because the Courts do not know how intoxicated you are.
3. Being drunk in charge of a vehicle.
This is when you are in or around your vehicle whilst over the limit, with the intention of driving. This may sound like an easy offence to commit but you should only be prosecuted if you were
intending to drive the vehicle.
What are the punishments?
You could be facing 10 penalty points on your licence or a driving ban, three months imprisonment and a £2,500 fine.
4. Driving while unfit through drink or drugs
This is relatively the same as driving with excess alcohol. The difference between the two is that, to be charged with driving with excess alcohol, a specimen declaring you over the drink drive limit is required. If they do not have a specimen, for whatever reason, they can simply charge you with driving while unfit under the influence of drink or drugs and the prosecution would centre around a doctor's or police officer’s opinion of your suitability to drive.
What are the punishments?
You could face a driving disqualification, six months imprisonment and a £5,000 fine.
Drink drivers rehabilitation course
Following a guilty plea or conviction the Court has a discretion to offer the drink driving rehabilitation course. If the court feels that you are someone suitable to attend upon the course a reduction in disqualification can be offered of up to 25%.
If you have been or are to be charged with any of the driving offences here
contact us now so your Driving Defence can start today!