hiya bucks in Bourne End, Flackwell Heath, Marlow, Wycombe, Wooburn December 2018 | Page 25

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 | 25 hiyabucks.com