Drink driving –
Police powers and penalties
As police across the country join forces to raise awareness of the dangers
of drink driving over the festive period, Blaser Mills Law advises Christmas
party-goers on how to stay safe on the roads and avoid traffic penalties.
Last Christmas, Thames Valley Police and
Hampshire Constabulary launched Operation
Holly, a drink driving awareness campaign.
As a result of the Christmas crackdown, 347
drivers were caught drink or drug driving
in December.
Drivers across Thames Valley should expect
a greater police presence on the roads this
December and should be aware of the risks of
getting behind the wheel after over-indulging
in festive cheer.
Can the police stop me?
Under section 163 of the Road Traffic Act
(RTA) 1988 a uniformed police officer has
the power to require a driver of a vehicle on
a road to stop. It is an offence if you fail to
pull over.
Do I have to provide a breath sample?
Officers have the power to breathalyse
motorists at the roadside. If you are over
the limit, the police can arrest you and ask
you to complete a further test on an
Evidential Breath Machine at the police
station. Under section 7 of the RTA 1988,
police have the power to take two breath
samples or one blood or urine sample. It
is a separate offence to fail to provide a
specimen, unless you have a reasonable
excuse such as a medical condition, you
could face a driving disqualification.
fine or community order. However, more
serious offences with high readings and
injury to others can lead to imprisonment. In
all circumstances, the Court must impose a
driving ban of at least a year.
What is a safe level of drinking if I want
to drive?
Zero alcohol consumption is the safest level
as it ensures your reactions are not impaired
at all. Urban myths such as ‘2 pints are ok’
have long since been disproved. The simple
science is that everybody’s physiology is
different and rates of alcohol absorption
depend on several factors.
We will often need to instruct expert
toxicologists in order to accurately calculate
the likely alcohol absorption rates. If it takes
an individual with a medical degree and years
of experience to get an accurate picture, it
can be understandably difficult for individuals
to identify the level of alcohol that can be
consumed before getting behind the wheel.
If you have been arrested for drink driving,
please do not hesitate to contact motoring
specialist Ben Langley on 01494 411183 or
[email protected]
What penalties can I receive for
drink driving?
For a minor offence where the breathalyser
reading is low, you can expect to receive a
blasermills.co.uk
30 |
hiyabucks.com