Call An Expert Road Traffic Solicitor
0800 999 5535
24 hour emergency callout 07855 806119
There are a number of offences that might fall under the category of drink driving offences, including driving while under the influence of excessive alcohol and failing to provide a specimen. While the latter doesn’t necessarily mean that you were definitely over the limit, the courts will typically treat it with the same level of potential penalty, in a bid to try and prevent drivers from using this as a ploy to get out of drink driving offences.
Breathalysers And Evidential Tests
If you have been pulled over because of erratic driving, or to take part in a random spot check, then you will be asked to conduct a roadside test, usually consisting of breathing into a breathalyser. This device measures the amount of alcohol that is in your breath, and if the device determines that your breath alcohol level is higher than the current legal limit, then you will be required to submit to further and more advanced testing. This testing is usually conducted at the police station and it must be done using an approved testing machine. The breathalyser result, alone, is not enough to convict.
Driving Under The Influence
If you fail the evidential test, conducted at the police station, then you will be charged with driving while under the influence of excessive alcohol and you will be contacted with a date to appear in court. The offence of drink driving is taken very seriously by the courts, because of the number of people that are killed every year in accidents involving drink drivers, and you can expect, if found guilty of the crime, to receive an automatic disqualification as well as a possible custodial sentence.
Accidents Involving Drink Driving
If you are involved in any kind of road traffic accident, then you will usually be required to provide a specimen of your breath, blood, or urine for testing. If you are found guilty of causing injury or causing death as a result of drink driving, then the sentence will be considerably worse.
Drunk In Charge
You don’t necessarily have to be driving, or behind the wheel of a car, to be arrested for a drink driving related offence. Being drunk in charge of a vehicle means that you could be in the car, but not behind the wheel, or you could be near or approaching the vehicle with the intention of driving it, and if you prove to have excessive alcohol in the system, and the Prosecution can prove that you intended to drive, then you could be convicted of this crime.
Failing To Provide
Failing to provide a specimen is an offence, and one that carries a considerable penalty. The courts dish out strong penalties for this crime in order to avoid it being as a means of avoiding conviction on charges of driving under the influence. The courts will not know whether you are over the limit, or by how much, so they err on the side of caution. What’s more, you may still be convicted of additional offences, such as dangerous driving or careless driving.
Drink Driving Offences
Drink driving, and related offences, are treated seriously and the courts have a dim view of anybody found guilty of these offences, but there are instances where an experienced motoring conviction solicitor can help you to avoid conviction or ensure that you receive a lesser penalty.