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ALCOHOL & DRIVING

| Home | | Effects | | Legal Limit for Driving |  | Consequences | | Facts |
 
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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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