Drink-Driving

What is the drink-drive limit?

The legal alcohol limit for drivers in Great Britain is:

• 80 milligrammes (mg) of alcohol per 100 millilitres (ml) of blood, or
• 35 microgrammes of alcohol per 100 millilitres of breath, or
• 107mg of alcohol per 100ml of urine

The limit has remained unchanged since its introduction by the Road Safety Act 1967, which also gave police powers to breath-test drivers suspected of drink-driving.

What are the current penalties?

For exceeding the legal alcohol limit for drivers:

• up to 6 months in prison
• a fine of up to £5000
• a minimum of 12 months disqualification (3 years for a second offence within 10 years)

Why isn't the limit zero?

Even without drinking, some alcohol can be present in the body from other sources, such as when produced by the fermentation processes in the digestion of certain foods, or as an ingredient in mouth wash.  This means that a zero limit isn't practical.

What is the rehabilitation scheme?

Courts may refer drink drive offenders, with their agreement, to a course approved by the Secretary of State and for which they have to pay.  The course is intended to educate the offender about the effect of alcohol and driving with the aim of achieving a change in driver behaviour.  If successfully completed, an offender will have his disqualification reduced by up to 25 per cent.  Courses include at least 16 hours of teaching time.

Studies of the scheme have shown that those who do not attend a course are approximately twice as likely to re-offend as those who do attend.

What is the new drink-drive strategy?

Focus on the 'moment of doubt' around the 2nd pint & highlight that a drink drive conviction has the potential to ruin your life. Highlight a mixture of the legal and personal consequences:

• being caught and breathalysed by the police
• 12 month driving ban
• criminal record
• large fine
• change of lifestyle e.g. potential loss of job and/or relationship, etc.

What is the "moment of doubt"?

The decision to have a second pint is the key transition moment where a person starts to have some doubt about whether they should drive; 3 pints is definitely seen as risky.

Why doesn't the campaign use any shocking images or crash scenes?

Research shows that the target audience associated with driving when drunk didn't see themselves as 'drunk drivers' and so didn't see such campaigns as relevant to them.

Can I drive the morning after a night out?

Coffee and cold showers the morning after a night out don't help you sober up. Time is the only way to get the alcohol out of your system and you could still be over the legal limit many hours after drinking.

What does the Government think about self-test breathalysers and ignition interlock devices?

Self-testers cannot be relied upon as they can give a false impression alcohol levels i.e. alcohol may still be being absorbed after a self-testing device is used. The preferred method is to adhere to the principle of no alcohol when driving.

What is the drink-drive procedure?

If you fail a road-side breath test, you will be arrested and taken in a Police vehicle to a Police station. You will then wait in a Custody Suite with other criminals until the Custody Officer is free to see you. The arresting officer will explain the circumstances of the arrest to the Custody Officer and you will be taken through the Drink-Drive Procedure.

Your personal details will be checked, you might then be searched and have your phone/belongings confiscated - this is at the Custody Officer’s discretion. The Custody Officer might ask questions to establish any history of drugs and depression, etc. You may phone a solicitor, but that won’t delay Police starting the breath-test process. They are not obliged to allow you to let your family know where you are if, for example, you might be involved with other criminal activity.

You will be required to provide two-specimens of breath into an Evidential Breath Testing Instrument and the lower of the two readings will be used to decide whether you have committed an offence and above the prescribed drink drive limit. If you are well over the limit you will be charged by the Custody Sergeant with Excess Alcohol.

After the breath-test procedure is complete you may have your photograph, fingerprints, and DNA taken. At this stage you will either be bailed to attend court or further detained if the police think you will get straight back into a car and commit another offence. This may involve you being locked in a cell for a period of time.

If you are just over the limit you will be given the opportunity to replace your breath specimen with blood or urine. The Police will decide which it will be. More often than not, it will be a blood test and you will need to wait for a Police doctor to attend the Police station to take the specimen. If you wish, you will be given half the specimen for your own analysis and the other half will be analysed by police.

If you cannot provide blood or the officer decides it will be urine, you will have to provide two specimens within one hour. This will be observed by Police who will discard the first specimen; the second specimen is dealt with in the same way as blood above. You will not be charged at this stage, but bailed to return to the Police station when the results are available. It is then that you will be charged if the result is above the prescribed limit. In all probability you will be in front of a Magistrate within seven-days deciding whether to plead guilty with the prospect of at least 12 months disqualification, a fine or even imprisonment in serious cases.