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Drink driving

Answer

The only safe limit of alcohol to have in your blood and drive is zero!

It is not advisable to even have one drink and drive as alcohol impairs your judgement and lessens your reflexes. The official amount of alcohol is 22 microgrammes per 100ml of breath reading. This cannot be translated into an exact amount of units as it depends on many factors, height and weight, time when last drink consumed etc, so the best advice is not to drink at all or to order a taxi.

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You can report the person to the police (anonymously if you wish). The information that the police require before they can act is the registration mark of the vehicle involved, the persons name and if possible address and details of any regular journeys the person makes (i.e. every Thursday night at approximately 2330hrs B leaves the pub and drives the same route home). The police can then wait for the vehicle somewhere on that route and stop it.

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There are three offences that you could possibly be charged with:

  • Driving a motor vehicle whilst over the permitted limit (OPL)
  • Attempting to drive a motor vehicle whilst OPL
  • Being in charge of a motor vehicle whilst OPL.

The third option may be the most relevant. You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence.

It would depend on the circumstances in which you were found by the police which would determine which if any of the above charges would apply.

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Sucking a copper coin or chewing gum will have no affect whatsoever on the breath test machine or on the results. However, several forces have prosecuted drivers for this activity.

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Yes, there is an offence of being in charge of a mechanically propelled vehicle whilst being over the permitted limit. Each case would be judged on it's own merits but the officers would be looking at:

  • Whether you had the keys for the vehicle.
  • Were you in the vehicle at the time?
  • What were you doing at the time?
  • Whether there was anyone else in or near the vehicle.
  • What evidence is there that you were intending to drive the vehicle?

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No, the police do not need any reason to stop any person driving, attempting to drive or in charge of a motor vehicle on a road for a routine check. The police can then require that you provide your name, date of birth, driving licence and insurance details. Failure to comply with any of these requirements is an offence.

The police cannot stop a vehicle just to carry out a random breath test. They have to have a reasonable suspicion that the person has consumed alcohol or drugs. Once the vehicle has been stopped for, perhaps, a routine check, this can be ascertained through the smell of alcohol, slurred speech or glazed eyes. Failure to comply with a request to carry out a breath test is an offence and the penalty is the same as if you had been convicted of being over the limit.

The police can, however, breathalyse a person without a reasonable suspicion that the person has consumed alcohol/drugs, if they have committed a traffic offence whilst the vehicle is in motion (e.g. driving carelessly, having defective lights, failing to comply with a traffic sign [obviously not a parking sign] or using a mobile phone).

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If you take drugs and drive you may be guilty of the following offences:
 
  1. being unfit to drive through drink or drugs;
  2. being over the prescribed limit in relation to the levels of specified drugs in your blood – you can commit this offence even if your driving is unaffected by the drugs.
In relation to both offences, if the police suspect you have been taking drugs and you are driving, attempting to drive or are in charge of a mechanically propelled vehicle (offence 1) or a motor vehicle (offence 2) on a road or public place, they have the power to require you to take a field impairment assessment or drug test.
 
A field impairment assessment consists of a series of tests e.g. touching the tip of your nose with the tip of your finger whilst your eyes are closed, that are designed to see if drugs are affecting your ability to drive properly.
 
A drugs test uses a specimen of sweat or saliva to detect the presence of drugs. If you – 
 
  • perform poorly in the field impairment test, or
  • give a positive drugs test, or
  • you fail/refuse to take either test and the police officer suspects drugs,
you can be arrested and taken to a police station.
 
At the police station, further tests and medical examinations may be carried out and you could ultimately be prosecuted for being:
 
  1. Unfit through drugs – note there are no lists of specified drugs or set levels in relation to this offence, but the police must prove that you are unfit to drive. Unfit means that your ability to drive properly is for the time being impaired.
  2. Over the prescribed limit in relation to specified drugs – note there are specified drugs and set levels in relation to this offence – see the table below.
 The table below specifies the controlled drugs and, in each case, the limit in blood for the offence of being over the prescribed limit in relation to specified drugs.
 
Controlled drug Limit (microgrammes per litre of blood)
Amphetamine 250
Benzoylecgonine 50
Clonazepam 50
Cocaine 10
Delta-9-Tetrahydrocannabinol 2
Diazepam 550
Flunitrazepam 300
Ketamine 20
Lorazepam 100
Lysergic Acid Diethylamide 1
Methadone 500
Methylamphetamine 10
Methylenedioxymethamphetamine 10
6-Monoacetylmorphine 5
Morphine 80
Oxazepam 300
Temazepam 1000
 
The units of the thresholds are µg /L or micrograms per litre - it's important to realise that even relatively small amounts of the drugs can put you over the threshold. If you’re caught driving, attempting to drive or in charge of a vehicle with levels of illegal drugs above those shown in the table, you will commit an offence.
 
Defences
 
Unfit through drugs – in charge defence
It is a defence for a person to prove that at the time they are alleged to have committed the offence, there was no likelihood of them driving the vehicle while unfit. However, in determining whether there was such a likelihood, the court may disregard any injury to them and any damage to the vehicle.
 
Over the prescribed limit in relation to specified drugs – medical defence
It’s a defence for a person to prove that the:
 
  • drug was provided for medical or dental purposes;
  • drug was taken in accordance with any directions given by whoever prescribed the drug and in accordance with the manufacturer’s directions; and
  • possession of the drug immediately before taking it was not unlawful.
Over the prescribed limit in relation to specified drugs – in charge defence
It’s a defence for a person to prove that at the time they are alleged to have committed the offence the circumstances were such that there was no likelihood of them driving the vehicle whilst the proportion of the specified controlled drug in their blood remained likely to exceed the specified limit for that drug. However, in determining whether there was such a likelihood, the court may disregard any injury to them and any damage to the vehicle.
 
If you’ve been prescribed medication that contains any of the drugs listed in the table or if you are unsure about whether your medication contains any of these drugs, you should talk to your doctor/dentist/health care professional about whether it's alright for you to drive – you can still drive after taking the medicinal drugs listed in table if:
 
  • you've been prescribed them and are following medical advice on how to take them;
  • they aren't causing you to be unfit to drive, even if you're above the specified limits.
Note that the police cannot give any advice on the dosage that would put you over the specified limits or how long after taking a drug you must wait before you a safe to drive. The reason for this is that there are just too many variables, everyone metabolises drugs differently and factors such as your height, weight and what you have had to eat will all play a part.
 
Penalties
The penalties for drug driving are:
 
  • A minimum of a one year driving ban
  • An unlimited fine
  • Up to six months in prison
  • A criminal record

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If a police constable reasonably suspects you are/have been driving, attempting to drive or in charge of a motor vehicle on a road or public road and:

  • You are under the influence of alcohol or drugs e.g. breath smells of alcohol, or
  • You have committed a moving traffic offence e.g. going through a red light, or
  • You have been involved in an accident

The PC can require that you take a preliminary breath test, field impairment test (FIT) or chemical drug test - PC must be in uniform to conduct these tests but not following an accident.

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