Drink Driving | In Charge Whilst over the Limit | Drinking and Driving

Drinking and Driving is a serious offence and carries a mandatory ban for a minimum period of 12 months.

You can only avoid the ban if you can defend the allegation, or if you can prove that their were special reasons in relation to the reason why you were driving whilst over the limit.

Breath Readings.

The legal limit is 35 milligrams per 100 millilitres of breath. If your breath reading is under 50 milligrams then you will be offered a blood test to double check the breath reading. If your blood reading comes out about the legal limit of 80 you will be charged with drink driving.

Some defences to drink driving.

• Denying that you were driving.

• Denying that you were driving in a public place.

• Arguing that you consumed the alcohol that took you over the limit after you stopped driving (otherwise known as a hip flask defence).

• Denying that you were over the limit and arguing that the police evidence is unreliable.

Some special reasons argument for Drink Driving.

(These are not a defence but you may be able that there are special reasons in your case and that you shouldn't be banned. A special reasons argument is like a trial and you have to give evidence on oath)

• Your drinks were laced without your knowledge and you didn't realise that you were over the limit.

• You had to drive because it was an emergency and you had no other choice but to drive.

• You only drive a very short distance and you didn't put any other drivers/perdestrians at risk.

In charge of a motor vehicle whilst over the limit.

This offence normally occurs when you get caught sat in your car with the keys and you are over the limit. People sometimes thinks its okay to sleep in their car rather than drive home - which might seem like a good idea at the time..!

The offences carries 10 points and the power to impose a discretionary ban if you are caught.

You can defend this allegation if you can convince the court that you wouldn't have driven until the alcohol in your system had reduced below that of the legal limit. In order to do this you are going to have to get a pharmacologists' report to show how long it would have taken for the alcohol to reduce below the limit.

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