Drink drive convictions increase for drivers the morning after

According a recent survey by Liverpool Victoria, over a million people have recently been convicted of drink related driving offences when driving the day after consuming alcohol.  In particular, the peak time for the police catching offending drivers is between 6am and 8am the next day.

Drivers need to be aware that if they consume alcohol the night before, there is a real risk that they will be over the legal limit the following day.  Especially during the Christmas period, there is a drive by the police to be vigilant for any kind of erratic or unusual driving that give rise to a requirement for a road side breath test.  The road side tests are not of evidential value, but allow the police officers to arrest any person they suspect of driving and take them to a police station for a drink drive test.  Clients should be aware that as long as a constable has a reasonable cause to believe or suspect that a person was driving, s/he is entitled to require a roadside test and then a breath test at the police station.  If they cannot be sure who was driving, they can require a number people to take a test.  

Failure to provide a specimen of breath for screening is an offence contrary to s.6(4) of the Road Traffic Act 1988 and if you fail to provide a specimen of breath for analysis at the police station, it is also an offence contrary to 7(6) of the same Act.  The penalties are serious given the latter may be punished by up to six months imprisonment.

The easiest way to avoid any difficulties is to avoid drinking when driving.  Although some websites suggest levels of alcohol that may be consumed whilst driving, I would not be so bold in making such assertions.  Alcohol dissipates at different rates depending on a person’s build, sex, metabolic rate.  Furthermore, many modern drinks are deceptively alcoholic.  A classic example is the rise in the ABV rate of many well-known lagers.  It is for this reason that people not only get caught out when driving on the night, but also after having a much fuller night, find themselves in difficulties the next day.

Every case is different and I may be able to help you or a friend if they get stopped and alleged to be over the limit or said to have refused to provide a sample of breath or similar.  There may be a technical defence available that may show the police device is unreliable or it may be simply assisting putting the best mitigation forward to minimise any fine, penalty points or disqualification.

If I can be of any assistance in your case, do not hesitate to contact me for a FREE initial inquiry by EMAIL or by telephone on  0843 886 2603.  Please quote the Reference: MARCUSCROSKELL.COM.