OK, I’ve been asked for a comment on this thread, so here goes…
It is an offence to fail to provide a specimen of breath at the roadside, the roadside breath test machines are not deadly accurate but will give the officer a very good idea if you are over the limit or not.
If you provide a sample of breath at the roadside and the machine indicates it is positive, you will be arrested on suspicion of driving with excess alcohol in your breath. (Note that this is a suspicion at this point).
If you fail or refuse to provide a sample of breath at the roadside and the officer suspects alcohol, you will be arrested for failing to provide a sample and in both circumstances you will be taken to the nearest PACE approved police station. Here you will be invited to provide 2 evidential samples on the station machine (which is calibrated and is deadly accurate), the lower reading of the 2 being the one used for evidential purposes. If the officer does not suspect alcohol and you refuse to provide a sample at the roadside, you will be reported for summons for that offence.
If you provide a sample of breath with under 36 microgrammes of alcohol per 100ml of breath, you will be released without charge and that is the end of it. If you provide a reading of 36 or over, then you are technically over the limit and liable to be charged with driving on a road or public place with excess alcohol in your breath. Under some circumstances you may be offered the further option of having a blood sample for analysis and in this case, you will be bailed to return to the police station in the near future until the blood has been analysed. You will also be given your own sample of blood so you can have it independently analysed.
If you blow into the 50’s and beyond, you’ll be charged with drink drive. no ifs, no buts.
If you refuse or fail to provide 2 samples of breath you’ll be charged with failing to provide, no ifs, no buts.
The sentence for both the above is mandatory…12 month driving disqualification and fine (usually around £300 to £500 depending on your means).
When you get your licence back (and sometimes you are required to pass a test to get it back), you’ll have DR10 on you licence…this stays on for 10 years.
The title of the post is also interesting…the morally wrong thing is driving with alcohol in your system in the first place!!!
There’s lots of “urban myths” about drink driving, the simple truth is that the legislation has been around a long time and every possible defence has been tested in Courts and is now enshrined in case-law. There are virtually no circumstances under which you will “get away with” or “get a lesser sentence” for being ■■■■■■ whilst driving.
The above is a very potted version of UK drink driving law and there’s much more to it than that.
I’ve done alot of people for drink driving over the years (it’s become a pet speciality) and I can be honest when I say it gives me a great deal of pleasure to take a ■■■■■■■■ off the road.
Was that OK Rog?
