When a person drives or attempts to drive a mechanically propelled vehicle on a road or other public place and is unfit as a result of drink and drugs, he is guilty of an offence.

It is a matter for the prosecution to prove that not only the presence of the alcohol or drugs but that the ability of the defendant was impaired as a result.

The prescribed limit as set out by the law is:-

(a)   35 microgrammes of alcohol in 100 millitres of breath

(b)   80 milligrammes of alcohol in 100 millilitres of blood or

(c)   107 milligrammes of alcohol in 100 millilitres of urine.

Defences

If you have been charged with attempted driving or driving when under the influence of drink and drugs, one of the following defences may apply:-

1. That you were not driving, nor were you attempting to drive.
2. That the vehicle was not one which was mechanically propelled
3. That it was not a road or any other public place.
4. That you were not unfit to drive through drink or drugs.
5. That the breath-test machine was faulty.
6. That alcohol was consumed afterwards and that at the time of driving itself, the level of alcohol was not over the prescribed limit.

There are various intricate statutory procedures that the police must abide by if they fail to do this, you may have a technical defence available to you. This could lead to your case being dismissed at Court.

Penalty

If you are convicted of driving with excess alcohol, you face an automatic mandatory disqualification for a minimum period of 12 months. The Courts can impose a maximum fine of £5,000 fine and in more serious cases, a custodial sentence of up to 6 months.

If you have a previous conviction for an alcohol related offence within the last 10 years the minimum disqualification is 3 years. The court may also make an order that you cannot get your licence back unless you have attended a course to deal with alcoholism and/or you have taken a driving retest.

Special Reasons

If you have been convicted of driving whilst unfit and driving with excess alcohol, the courts must disqualify. However, they may not do so in situations where ‘special reasons’ exist.

The following are examples of special reasons:-

1. Being mislead in insurance case
2. Shortness of the distance driven
3. The unintentional commission of the offence, including the “laced drink”
4. Emergencies

If you have been convicted of a drink driving offence, the court does have the discretion to offer you the opportunity to attend the Drink Drivers Rehabilitation Course which can result in a 25% reduction in the length of ban.