More Driving Lessons Anyone? The Repercussions of Drink Driving This Christmas
As we approach Christmas the temptation to drive when after one too many, will no doubt cost many people this New Year to lose their licences.
The statistics revealed 7124 motorists were arrested by the police for drunk driving offences between 01/Dec/2011 and 01/Jan/2012.
Many of these will have been caught the morning after, even though feeling quite sober will still be over the limit.
Police also performed 540 impairment examinations due to concerns over drug driving throughout the festive period, with 91 arrests.
In today's drinking culture, it can be shocking to find that you can be arrested and even convicted for a drunk driving offence without in fact getting behind the wheel.
If you are pulled by the police with suspicion of being over the limit, you will be asked to take a breathalyser test.
If your breath has more than 35mg of alcohol per 100ml of breath you will be placed under arrest and taken to a police station for more accurate tests to be carried out.
Drink driving offences are separated into 4 categories, all are explained below.
1.
Driving whilst over the alcohol limit.
This is if you have been driving a vehicle or even attempting to drive after drinking alcohol over the accepted amount.
Put simply, that you are driving when over the drink drive limit.
You will not be guilty for this unless it is proved that you are over the limit after having taken a breath, urine or blood test from the police station.
The analysis must be done using an authorised device for example a breathalyser.
A road side breathalyser is not an accepted device this just tells the police if a trip to the station is needed for further testing.
The maximum penalties are up to 6 months in prison, up to £5000 fine and a ban from driving.
2.
Failure to give a sample.
This is if you won't give a sample of breath, urine or blood to the police.
The punishments for declining a test at the station can get you up to 6 months in prison together with a £5000 fine not to mention a long driving ban.
Evidence of high levels of intoxication and failure to co-operate with the police can increase your sentence.
Additionally, in the event that the courts feel your failure to give a sample was because you knew you were attempting to drive with an excessive amount alcohol in your blood, your penalty is likely to be more extreme.
The penalties for failure to give a sample could be much more serious than that for drink driving, since the Courts have no idea of how drunk you where.
3.
Over the limit and in charge of a car.
This is if you are in or even around your car when over the limit, with the aim of driving the car.
This might seem like an easy crime to commit but you should only be legally charged if you had intentions of driving the vehicle.
The penalties you could be facing are 10 points on your licence or a driving ban, 3 months prison along with £2500 fine.
4.
Driving while under the influence of drink or drugs This is basically the same as getting caught in charge of your vehicle with excessive amounts of alcohol in your system.
The main difference between the 2 is that, to be charged with the excess alcohol offence, a sample proving you over the drink drive limit is necessary.
If the police don't have a sample, regardless of the reasons, they are able to simply charge you with driving while unfit under the influence of drink or drugs and the prosecution's case will centre around a doctor's or police officer's perception of your suitability to drive.
The penalties you could receive are a driving ban, 6 months prison and a £5000 fine.
A large number of these arrests will be younger drivers, probably only been passed their tests a matter of months; they will probably find themselves facing an extended retest in order to regain their licences.
This will mean a call to their driving instructor for more driving lessons, another theory test and then vastly increased insurance premiums upon passing.
And there's the stigma that's associated with been a convicted drunk driver.
With the costs of taking driving lessons, passing a driving test and insurance companies already using any excuse to inflate premiums, makes that 20 quid taxi seem a bargain.
Happy Christmas and a Safe New Year
The statistics revealed 7124 motorists were arrested by the police for drunk driving offences between 01/Dec/2011 and 01/Jan/2012.
Many of these will have been caught the morning after, even though feeling quite sober will still be over the limit.
Police also performed 540 impairment examinations due to concerns over drug driving throughout the festive period, with 91 arrests.
In today's drinking culture, it can be shocking to find that you can be arrested and even convicted for a drunk driving offence without in fact getting behind the wheel.
If you are pulled by the police with suspicion of being over the limit, you will be asked to take a breathalyser test.
If your breath has more than 35mg of alcohol per 100ml of breath you will be placed under arrest and taken to a police station for more accurate tests to be carried out.
Drink driving offences are separated into 4 categories, all are explained below.
1.
Driving whilst over the alcohol limit.
This is if you have been driving a vehicle or even attempting to drive after drinking alcohol over the accepted amount.
Put simply, that you are driving when over the drink drive limit.
You will not be guilty for this unless it is proved that you are over the limit after having taken a breath, urine or blood test from the police station.
The analysis must be done using an authorised device for example a breathalyser.
A road side breathalyser is not an accepted device this just tells the police if a trip to the station is needed for further testing.
The maximum penalties are up to 6 months in prison, up to £5000 fine and a ban from driving.
2.
Failure to give a sample.
This is if you won't give a sample of breath, urine or blood to the police.
The punishments for declining a test at the station can get you up to 6 months in prison together with a £5000 fine not to mention a long driving ban.
Evidence of high levels of intoxication and failure to co-operate with the police can increase your sentence.
Additionally, in the event that the courts feel your failure to give a sample was because you knew you were attempting to drive with an excessive amount alcohol in your blood, your penalty is likely to be more extreme.
The penalties for failure to give a sample could be much more serious than that for drink driving, since the Courts have no idea of how drunk you where.
3.
Over the limit and in charge of a car.
This is if you are in or even around your car when over the limit, with the aim of driving the car.
This might seem like an easy crime to commit but you should only be legally charged if you had intentions of driving the vehicle.
The penalties you could be facing are 10 points on your licence or a driving ban, 3 months prison along with £2500 fine.
4.
Driving while under the influence of drink or drugs This is basically the same as getting caught in charge of your vehicle with excessive amounts of alcohol in your system.
The main difference between the 2 is that, to be charged with the excess alcohol offence, a sample proving you over the drink drive limit is necessary.
If the police don't have a sample, regardless of the reasons, they are able to simply charge you with driving while unfit under the influence of drink or drugs and the prosecution's case will centre around a doctor's or police officer's perception of your suitability to drive.
The penalties you could receive are a driving ban, 6 months prison and a £5000 fine.
A large number of these arrests will be younger drivers, probably only been passed their tests a matter of months; they will probably find themselves facing an extended retest in order to regain their licences.
This will mean a call to their driving instructor for more driving lessons, another theory test and then vastly increased insurance premiums upon passing.
And there's the stigma that's associated with been a convicted drunk driver.
With the costs of taking driving lessons, passing a driving test and insurance companies already using any excuse to inflate premiums, makes that 20 quid taxi seem a bargain.
Happy Christmas and a Safe New Year