muckymobile:
[quote=“pecjam23”**
throws muckymobile the well worn flak jacket**
i thank you…
Oh and i nearly forgot you’ll need this as well, it comes free with the flak jacket.
**throws muckymobile a very dented tin hat **
Well im sorry i have to hold my hands up
i had two cans of fosters in my cab last night at 6pm then got up to work at 4ish so hang me now
you know if your ■■■■■■ before you turn the key ,morning after or not
if you get done for d+d you deserve everything you get
a zero limit is a no no to me
it works well as it is, like shrek says its tried and tested
if it aint broke etc etc
ROG:
Shrek:
OK, I’ve been asked for a comment on this thread, so here goes…Was that OK Rog?
Thank you Shrek
A very informed post and very enlightening as I had no idea of the laws regarding this issue and perhaps like many others had only heard a mixture of laws and myths.
My pleasure Rog, if anyone has any specific questions, please ask away and I’ll do my best to answer.
Just to answer the original post by Speck…sorry matey but you’re wrong. Failing to provide an evidential sample when you’ve been driving or attempting to drive attracts 3 to 11 points on your licence and they will be there for 11 years from the date of conviction (for 10 years the points are active, for the final year the points don’t count towards the totting up of penalty points but remain on the licence to show you’ve been a very very naughty boy!). Try getting insurance with DR10 or DR30 penalty points on your licence…oohhhh, now that’s gonna be EXPENSIVE!!!
Of course, we mustn’t forget “Driving or attempting to drive whilst unfit through alcohol or drugs” (Section 4 of the Road Traffic Act)…don’t need a roadside breath test for this one and an officer doesn’t have to be in uniform to arrest you! You still have to provide 2 samples at the nick (if alcohol suspected) or a sobriety test followed by a blood test in the case of drugs. Guess what, the same penalties apply for failing to provide samples!
Then of course, there’s “failing to provide a sample whilst under investigation for drink drive”. For example…you are in a car when it has a minor bump, when the cops arrive no-one will admit to being the driver. If you then fail to provide a sample for analysis (an evidential sample at the nick) you commit an offence and you’re looking at 10 penalty points, a nice big fine and the points stay on your licence for 4 years from the date of offence.
The simple rule of thumb has to be…if you’re in any doubt at all as to your fitness to drive (especially in the morning after scenario) then don’t drive until you are certain you’re OK.
Any questions?
This explanation of offence codes might be of interest:-
Drink or Drugs
DR10 Driving or attempting to drive with alcohol level above limit
DR20 Driving or attempting to drive while unfit through drink
DR30 Driving or attempting to drive then failing to supply a specimen for analysis
DR40 In charge of a vehicle while alcohol level above limit
DR50 In charge of a vehicle while unfit through drink
DR60 Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive
DR70 Failing to provide specimen for breath test
DR80 Driving or attempting to drive when unfit through drugs
DR90 In charge of a vehicle when unfit through drugs
pecjam23:
If you use alcoholic hand wipes can the alcohol end up in your blood stream when it soakes through your skin!!!
No, it can’t.
But ambient alcohol can give false readings on the roadside machines. That’s why you will be asked when you had your last drink…the police will give you at least 20 minutes from your last alcoholic drink before a roadside breath test. This is so that any alcohol residue in the mouth can dissipate and not give a false (over the limit) reading.
Can you tell that drink/drive is an area of expertise for me?
Shrek:
Can you tell that drink/drive is an area of expertise for me?
Shrek is it right that if you put a penny in your mouth before the breath test it gives a zero reading■■? 
Shrek:
Can you tell that drink/drive is an area of expertise for me?
It did occur to me that it might be an area of the law you have some expertise in, either that or your currently surfing wikipedia 
. You have to excuse my ignorance as i have not been a member that long and are not fully aware of every members job but are you ex-tc or currently serving tc or just know alot about said subject.
If I was every pulled over for what ever reason and I was asked when i had my last drink I would happily say I’ve not had an alcoholic drink in 24 years.
cheers
James
pecjam23:
Shrek:
Can you tell that drink/drive is an area of expertise for me?
It did occur to me that it might be an area of the law you have some expertise in, either that or your currently surfing wikipedia
cheers
James
I’m a policeman James. Long story really but I just had a year off and went back to “The Job” recently.
Shrek:
There are virtually no circumstances under which you will “get away with” or “get a lesser sentence” for being ■■■■■■ whilst driving.
What are the circumstances that have got people off the charge? I would have thought a positive reading would be conclusive.
Shrek
Purely out of interest, could you explain the difference between these offences:
DR10 Driving or attempting to drive with alcohol level above limit
DR20 Driving or attempting to drive while unfit through drink
DR30 Driving or attempting to drive then failing to supply a specimen for analysis
DR40 In charge of a vehicle while alcohol level above limit
DR50 In charge of a vehicle while unfit through drink
DR60 Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive
DR70 Failing to provide specimen for breath test
To me DR 10, 20, 40 & 50 seem to be the same as do DR 30 & 70 and what type of offence would attract a DR 60
mezzzz1211:
Well im sorry i have to hold my hands up
i had two cans of fosters in my cab last night at 6pm then got up to work at 4ish so hang me now
you know if your ■■■■■■ before you turn the key ,morning after or not
if you get done for d+d you deserve everything you get
a zero limit is a no no to me
it works well as it is, like shrek says its tried and tested
if it aint broke etc etc
thats me as well… well not that crap fosters but other drinks, im not into zero tolerance … but maybe it should be, you see thats the problem there is no clear line whats one persons tolerance is not anothers so you dont know how your getting on unless you are stopped. so unless there is a clear no drinking at all then you are always going to get chancers.
mrpj:
Shrek:
There are virtually no circumstances under which you will “get away with” or “get a lesser sentence” for being ■■■■■■ whilst driving.What are the circumstances that have got people off the charge? I would have thought a positive reading would be conclusive.
There are a few circumstances where it’s difficult to prove beyond reasonable doubt that someone has been driving. Every case is taken on it’s individual merits really, but the general point is that it’s very difficult to be found “not guilty” in Court.
Shrek:
pecjam23:
Shrek:
Can you tell that drink/drive is an area of expertise for me?
It did occur to me that it might be an area of the law you have some expertise in, either that or your currently surfing wikipedia
cheers
James
I’m a policeman James. Long story really but I just had a year off and went back to “The Job” recently.
Why did you go back, and where do you work out of intrest.
jessicas dad:
[thats me as well… well not that crap fosters but other drinks, im not into zero tolerance … but maybe it should be, you see thats the problem there is no clear line whats one persons tolerance is not anothers so you dont know how your getting on unless you are stopped. so unless there is a clear no drinking at all then you are always going to get chancers.
Exactly right Alex.
It’s important to remember that everyone has their own individual tolerance to alcohol. if both Alex and me had 2 pints each, I may be over the limit where Alex wouldn’t…or vice versa! You just never know. It goes on body mass index, mood, metabolism, how much you’ve eaten and when, etc,etc,etc…the list is endless!
Greg:
[Why did you go back, and where do you work out of interest.
It’s a long and woeful story Greg!
Suffice to say I am older and wiser now. Not bitter and twisted though (as i thought i might be). Glad to be back to work though
Smart Mart:
This explanation of offence codes might be of interest:-Drink or Drugs
DR10 Driving or attempting to drive with alcohol level above limit
DR20 Driving or attempting to drive while unfit through drink
DR30 Driving or attempting to drive then failing to supply a specimen for analysis
DR40 In charge of a vehicle while alcohol level above limit
DR50 In charge of a vehicle while unfit through drink
DR60 Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive
DR70 Failing to provide specimen for breath test
DR80 Driving or attempting to drive when unfit through drugs
DR90 In charge of a vehicle when unfit through drugs
ron9516:
ShrekPurely out of interest, could you explain the difference between these offences:
DR10 Driving or attempting to drive with alcohol level above limit
DR20 Driving or attempting to drive while unfit through drink
DR30 Driving or attempting to drive then failing to supply a specimen for analysis
DR40 In charge of a vehicle while alcohol level above limit
DR50 In charge of a vehicle while unfit through drink
DR60 Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive
DR70 Failing to provide specimen for breath testTo me DR 10, 20, 40 & 50 seem to be the same as do DR 30 & 70 and what type of offence would attract a DR 60
ME TOO
Shrek:
Greg:
[Why did you go back, and where do you work out of interest.
It’s a long and woeful story Greg!
Suffice to say I am older and wiser now. Not bitter and twisted though (as i thought i might be). Glad to be back to work though
Ha Ha Ha you soon will be,
ron9516:
ShrekPurely out of interest, could you explain the difference between these offences:
DR10 Driving or attempting to drive with alcohol level above limit
DR20 Driving or attempting to drive while unfit through drink
DR30 Driving or attempting to drive then failing to supply a specimen for analysis
DR40 In charge of a vehicle while alcohol level above limit
DR50 In charge of a vehicle while unfit through drink
DR60 Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive
DR70 Failing to provide specimen for breath testTo me DR 10, 20, 40 & 50 seem to be the same as do DR 30 & 70 and what type of offence would attract a DR 60
Bloody 'ell! you don’t want much do you?!!
OK…here goes…
DR10…straight up driving or trying to drive or get the car/truck started whist ■■■■■■■ cops catch you driving or with the keys in the ignition and trying to get going. Simple that one.
DR20 is the above but unfit to do so through drink. i.e. not necessarily over the limit but to impaired by beer to drive safely and properly.
DR30 is the one that this post is all about…failing or refusing to provide breath/blood/urine samples after being found driving or attempting to drive.
DR40 is being “in charge” of a vehicle whilst ■■■■■■ as a ■■■■. In Charge means having the keys, sitting in the drivers seat, able to start the engine and drive off.
DR50 is the above whilst unfit as explained above.
DR60 is the catch-all offence of failing to provide a sample for analysis when under investigation for drink drive offences. The best example of this I can think of is as follows…I once got called to a RTC in the wee small hours where a car had been stoved into a wall and the driver had left the scene. We attended and found a well knackered motor stuffed through someone’s garden wall. A mile down the road on a deserted country lane, we found a gentleman staggering about, well the worse for drink. He denied being the driver of the crashed car, but he had the keys to it in his pocket! He got nicked and back at the station, he refused to provide a specimen of breath for us. Result? Charged and bailed with this offence. 10 points on licence (stay on for 4 years) and a fine. Easy…minimum paperwork for me, he did us a favour!
DR70 is a report for summons only and this is when you have committed a moving road traffic offence etc and the officer requires a roadside breath test but doesn’t suspect alcohol in your system. If you refuse or fail to provide a specimen of breath then you commit this offence.
DR80 is the same as DR20 but with drugs instead of alcohol (the same penalties apply and the offence code will be on your licence for 11 years).
DR90 is the same as DR50 (the offence code will be on your licence for 4 years).
Guys ‘n’ girls…please don’t confuse “Drunk In Charge” of a vehicle with having a few drinks and sleeping in the truck! If you have the curtains closed and you’re in you’re jimjams, there’s not much likelihood of you driving anywhere so "drunk in charge is not an appropriate charge. Technically, you are still drunk in charge of a vehicle though! Incredibly unlikely to get done for it though!
Hope that answer was comprehensive enough.
Victoria, Australia has had the slogan “If you drink and drive, yooure a bloody idiot” for a few years now, it doesnt matter what they do, people will always drink and drive, theres too many “bloody idiots” out there.