More than half a million people are stopped and breathalysed each year with more breath tests carried out in December than any other month, according to statistics from the Department for Transport. Jeremy Scott, partner and leading road traffic defence solicitor at Langleys answers some of the most frequently asked questions.

 

 

As well as the heightened risk of death and serious injury to yourself, other road users, and pedestrians, if you drink and drive you are much more likely these days to be stopped by the police.

 

If you are stopped for drink driving you will be treated the same as anybody else suspected of committing a criminal offence. You will be arrested, taken to a police station, and face giving blood or urine samples. As well as being locked in a police cell you will be photographed, fingerprinted, and have DNA samples taken which will remain on the police database.

 

The minimum sentence for drink driving is a 12–month driving ban, a criminal record and a large fine of up to £5,000. The maximum sentence is 6 months imprisonment. If your driving results in a death and you are found to be over the limit you could face a much longer prison sentence.

 

While some people would have no problem turning to public transport, for others who use their vehicles for work, a driving ban would mean losing a significant portion of their income, or even their job.

 

Once the ban ends, you’ve paid your fine and you can drive again, you will still face hugely increased costs, with insurance providers hesitant to take on convicted drink drivers.

 

The current British legal limit for drivers is 80 milligrammes of alcohol in 100 millilitres of blood. Any amount of alcohol affects your ability to drive. There is no foolproof way of drinking and staying under the limit, or of knowing how much an individual person can drink and still drive safely.

 

Each person's tolerance to alcohol depends on a range of factors including:

So the only safe option is not to drink alcohol if you plan to drive, and never offer an alcoholic drink to someone else who is intending to drive.

 

If you're the designated driver on nights out, ensure that you are under the safe driving limit and preferably abstain from alcohol altogether. If you're heading off to a party, take soft drinks with you in case your hosts have overlooked this, or opt for soft drinks or non-alcoholic beers and wines if you're out and about.

 

So, rather than take a chance this Christmas, if you want a drink you're best making alternative arrangements, such as staying with friends, booking a taxi or getting a lift home.

 

What about driving the morning after?

If you were lucky enough to be chauffeured or used taxis, then think twice before you get into your car next morning. As a general rule it takes your body one hour to eliminate one unit of alcohol, yet many overlook this fact. A bottle of wine can stay in the system for up to 13 hours.

 

The road safety charity ‘Brake’ reckons that after a heavy night's drinking, one in six drivers are still prepared to put themselves and others in danger by getting behind the wheel the following morning. Supporting these findings, Department for Transport statistics show that most failed breath tests happen between the hours of 7am and 9am.

 

Drink driving is not the only risk the morning after the night before. Even if you are under the limit, chances are if you had a late night, you're going to be tired. Don't risk driving as drivers who fall asleep at the wheel cause seven deaths every week.

 

Yes. A solicitor can help you in a number of ways. He/she can advise you whether there might be a legal or technical challenge to the charges. The law can be extremely complex and often there are procedural requirements to be complied with before you can be prosecuted. These issues can be overlooked if you are not represented. Even if there is no defence available to you a solicitor can help persuade the Court to deal with you more leniently, or in such a way that the consequences of a conviction are much less than otherwise.

 

 

Jeremy Scott, regulatory partner at leading Lincoln law firm Langleys, has over 20 years’ experience of defending companies, directors and individuals subject to investigation and proceedings for road traffic offences. He has successfully represented clients in cases at all levels from the Magistrates’ Courts to the European Court of Human Rights, and is an experienced advocate.

 

Jeremy has a reputation for providing practical and sensible commercial advice to directors and senior management on the effective management of individual and corporate criminal liability for regulatory and road traffic offences.

 

M: 07798 905273