The following limits apply in all drink-drive cases:

• • 35 microgrammes of alcohol in 100 millilitres of breath
  • 80 milligrammes of alcohol in 100 millilitres of blood
  • 107 milligrammes of alcohol in 100 millilitres of urine

Prosecutions for drunk driving typically arise when a motorist has been stopped at the roadside by a police officer and is required to comply with a roadside breath test. 

Where the roadside breath test results in a ‘fail’, the motorist will be arrested and taken to a police station to prove the precise amount of alcohol in their system. Motorsport

The sample taken at the police station is usually a further sample of breath taken and measured for alcohol using a breath testing machine.
In certain circumstances, the police are permitted to take samples of blood or urine instead of, or, in addition to a sample of breath.

A doctor must always take a sample of blood. When blood and urine samples are taken, they are usually sent away for laboratory testing to establish the amount of alcohol within them.

Failure to comply with the requirement to provide a sample at the police station can result in prosecution for the separate offence of failing to provide a specimen.

If you believe that you have been wrongly accused of ‘drink driving’ we can closely examine the circumstances of your case and advise you as to any potential defences.

Improper Procedure

The Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 set out stringent procedural guidelines that must be followed when a motorist is required to provide breath, blood or urine specimens. If the police have not adequately followed those procedures, it may be possible to argue that the prosecution should fail.

Breath Test Machine Malfunction

Occasionally, the police’s machines can malfunction and produce false readings. All police machines must be properly calibrated and in good working order.

Punishment

A fine, up to 6 months imprisonment and disqualification for at least one year.

If a driver has had a previous alcohol-related offence within the last 10 years, the minimum period of disqualification is 3 years.

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