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Legal Limit for Driving | | Consequences
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Consequences
Of Driving under the influence of Alcohol
First
Offence
It
is an offence to drive or attempt to drive a motor vehicle
when unfit through drink or drugs or to be in charge of
a motor vehicle in that state or to drive or attempt to
drive a motor vehicle with a blood/alcohol concentration
above the prescribed limit or to be in charge of a motor
vehicle in such a condition. It is also an offence to fail
to supply a specimen of breath if properly requested so
to do.
If you are convicted of any of these offences you will be
disqualified for a minimum period of 12 months*.This
is, it must be stressed, only a minimum period and the higher
the alcohol concentration in the blood (or breath) the longer
the disqualification and the higher the fine the Court will
impose. If the reading is higher than 2 1/2 times over the
legal limit, you also face going to prison, even if it is
a first offence.
Second
Offence
If
a person has been convicted of one of these offences and
within the next 3 years is convicted of a further drink
driving offence then that person will be disqualified for
a minimum of 3 more years and faces the very real possibility
of being sent to prison even if it is a low reading. Also
the Courts have a duty in cases where the alcohol level
in the blood is very high to notify the Secretary of State
and then the individual may well have his licence revoked
until he can supply medical evidence that he does not suffer
from a "drink
problem".
When
the cops stop you
If the Police stop
you and require you to give to them your driving particulars
(e.g. your name address insurance policy details or to produce
your Driving Licence etc.) and if the Policeman smells alcohol
on your breath, he can then quite lawfully request you to
supply a specimen of breath. He will then give you a road
side breath test which is merely a preliminary screening
test. This will tell whether you are above the limit or
are on the border line or are below it. In the first two
cases the Policeman will then arrest you, take you to the
Police Station and ask you to supply two samples of breath
on a device approved by the Secretary of State (the machine
is called, "The Intoximeter"). This is a computerised
breath test machine.
The
test at the Police station
If asked to take the test you will have to blow into a tube
until the operator tells you to stop and you will be required
to give two samples of breath within 2 minutes. These samples
are then analysed by the machine which measures the alcohol
concentration in your breath. The legal maximum is 34 microgrammes
of alcohol per 100 millilitres of breath.
If your level should be between 34 and 50 microgrammes*
you are entitled to give a specimen of blood. The Police
have no discretion in these circumstances and must ask you
if you wish to give such a sample of blood and then the
blood analysis will be relied upon rather than the Intoximeter
read-out. Above the 50 microgramme*
level the Police will rely on the Intoximeter print out
and that will form the basis of their case against you.
*
(as per the rules & regulations of that specific country)
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