Driving with excess alcohol / drink driving:
This is a very common offence and we have extensive experience in representing clients on both a 'not guilty' and 'guilty' basis.It is an offence to drive (or attempt to drive) a motor vehicle on a road or other public place with alcohol in your body over the prescribed limit.
The 'limit' depends on the type of sample that is provided:
- If the sample is in breath, the limit is 35 mg alcohol / 100 ml breath.
- If the sample is blood, the limit is 80 mg of alcohol / 100 ml blood.
- If urine, the limit is 107mg alcohol / 100 ml urine.
Penalty: The penalty for driving with excess alcohol varies depending on the alcohol reading in question, together with a number of other factors. Disqualification for a minimum period of 12 months is mandatory, unless there are 'special reasons'. For a second offence within a 10-year period, the minimum disqualification will be 36 months.
As well as disqualification from driving, the court will also consider a fine (maximum £5,000.00), community penalty or custodial sentence (imprisonment). The maximum custodial sentence is 6 months.