Drink driving /driving whilst unfit through drink or drugs / drunk in charge.

Drink Driving
¢If a person drives or attempts to drive a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the proscribed limit he his guilty of an offence¢ (Road Traffic Act 1988 s5(1)(a))

The legal limits are 35 in breath, 80 in blood or 107 in urine.
The penalty for this offence is a mandatory minimum 12months disqualification (unless special reasons can be established) and a fine and or up to 6 months imprisonment. The disqualification period increases depending upon the reading found as does the punishment, e.g.:

86 to 115 in breath ¢ 24-28months disqualification and a community penalty (unpaid work, supervision or curfew)
116 and above in breath ¢ 32months + disqualification and imprisonment.

The minimum disqualification period is increased to 3years for someone who commits 2 relevant offences within 10 years.
It is therefore essential, if a guilty plea is entered or guilty verdict returned at trail, to present a strong plea in mitigation in order to secure the best possible result.

Drunken Driving
¢A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence¢ (Road Traffic Act 1988s4(1))

The penalty for this offence is a mandatory minimum 12months disqualification (unless special reasons can be established) and a fine and or up to 6 months imprisonment.

The minimum disqualification period is increased to 3years for someone who commits 2 relevant offences within 10years.

Drunk or unfit in charge
¢A person who, when in charge of a mechanically propelled vehicle which is on a road or other public place is unfit to drive through drink or drugs is guilty of an offence¢ (Road Traffic Act 1988 s4(2))

¢if a person is in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the proscribed limit he his guilty of an offence¢(Road Traffic Act 1988s5(1)(b))

Both offences carry a discretionary disqualification or 10 penalty points (unless special reasons are established)

It is a defence to both in charge offences for the driver to prove that there was no likelihood of his driving so long as he remained unfit or over the limit.

For any enquiries please submit a message or contact us here