As the glorious summer weather continues, interspersed with the odd thunder storm, the urge to go outside and soak up the sun becomes increasingly hard to avoid…. What could be more civilised than a cool beer in a sunny beer garden? Well, nothing.. as long as you’re not driving home..
Despite numerous campaigns, drink drive is on the rise. The latest Government Statistics (published 2nd February 2017), indicate that provisional estimates for 2015 show;
- between 180 and 250 people were killed in Great Britain
- at least 1 driver was over the drink drive limit
- there has been a rise in overall drink drive casualties of all severities from 2014, a 3% increase to 8,480
- there was an estimated 180 fatal drink drive accidents
- the total number of drink drive accidents of all severities rose by 2% to 5,740
While many may assume that the Christmas party season presents the greatest opportunity, it’s usually the summer months that see the greatest rise in prosecutions.
There are many ways that people fall foul of the law in the area. Some have a misconception of how many ‘units’ they can have and still be under the limit, some ‘didn’t feel drunk’ and therefore drove and some drove the next day in the belief that a couple of hours sleep would be sufficient for their body to rid itself of the alcohol consumed.
Aside from gadgets on the market which purport to tell you if you are over the limit, there is no real way of knowing if you are safe to drive, unless you haven’t consumed any alcohol at all..
Several factors can affect your absorption of alcohol; your height, your weight, what you have eaten and when, together with how your body metabolises alcohol.
If you are facing prosecution as a result of these or any other set of circumstances, you need to be clear about a few things.
Unless you have a particular reason why you drove, for instance, someone spiked your drinks and you were unaware, you will be disqualified from driving for a minimum of 12 months (although this can be reduced if you are offered and complete the Drink Drive Rehabilitation Scheme).
The length of your disqualification will largely depend on your alcohol reading at the police station.
What if I Refuse to Provide a Specimen of Breath?
Then you need to have a good reason, and it helps if you communicated it to police at the time. If not, you are likely to be prosecuted for the specific offence of failing to provide a specimen of breath. It doesn’t necessarily matter that you offered to provide blood or urine…a little tip here ….if you are asked to provide a specimen of blood, don’t try and convince the officer that you are ‘phobic’ about needles when you’re covered in tattoos …. It probably won’t work…
Should I Obtain Legal Representation?
It depends on your circumstances, however, you may wish to check that the procedure has been carried out correctly and if no defence is available to you, what sentence you can expect.
We can provide expert assistance from a team of solicitors with a minimum of 10 years experience. In most circumstances, we can offer a fixed fee for representation and/or advice.
We know your driving licence is precious to you – losing may affect your job, your income, your family. Getting the right advice as quickly as possible will ensure that you get the best outcome possible.
