Drink Driving

It is important to note that in all areas of the law ignorance is no defence but Rose & Rose can ensure that the procedures that the Police followed in their investigations are correct and, moreover, you are given honest and frank advice as to the best way to forward your case.

The current drink drive limits are as follows:

Breath 35 micrograms of alcohol per 100 millilitres of breath
Blood 80 micrograms of alcohol per 100 millilitres of blood
Urine 107 milligrams of alcohol per 100 millilitres of urine 

How is alcohol tested? 

Normally, the driver is stopped by a police officer and asked to give a sample of breath on the basis that the office believes that there is reason to do so. It must be remembered that if a driver refuses to give a sample, he can be Summons on the charge of failing to give a sample.

If a roadside sample has been given by a proscribed device, which shows a positive sample, the driver will be taken to the nearest Police Station where two further breath samples will be taken on a more accurate machine. Following these results (the lowest of which will be taken as the reading) the police will decide on how to proceed.

Breath Reading of 35-39 micrograms per 100 millilitres

You should be released with a Warning.

Breath Reading of 40-50 micrograms per 100 millilitres

You should be given the option of undertaking a blood/urine test to clarify the results. Whilst you may be given your preference on which test you would like to take, it is up to the Custody Officer to decide which test you will take (subject to any medical/religious reasons why you ought not to undertake one of the tests).

What if I am still over the limit?

If your breath reading is over 50 micrograms per 100 millilitres or the blood/urine samples show that you are over the limit then you will be bailed to appear before a local Magistrates’ Court.

Please contact a member of our team below or email info@roselegal.co.uk for an initial consultation to discuss the best way forward for you and we will provide you with further and specific advice tailored to your circumstances.