Drink Driving

Not me, but a good friend of mine got caught drink driving last week. He was stopped on a routine stop and was 47mg as opposed to 35mg which is the limit. Now dont get me wrong, i do not in anyway condone drink driving, but as he is self employed and needs his van to work, is it nailed on that he will get a ban?? Its a first offence as he is normally a good boy.

He is in court next week and is rightly pooing himself that his business is going down the pan. If he does get a ban, he will lse his business, house and probably his wife too!! Seems a bit harsh for one silly mistake!!

Please bear in mind that he was stopped on a routine stop. He wasnt involved in an accident or anything like that.

With all that to lose surely he should not drink a drop before driving. I don't know if it's an automatic ban or not, these days it seems the courts make it up as they go.

His "silly mistake" could have ended in tradgedy!
I personally think if you drive "DO NOT DRINK"

He will get a ban, he knew the rules he pays the price, a small price to pay to prevent a child or other persons death in the future.

I agree the courts don't all seem to go by the same guidelines, rules, seemingly days of the week sometimes, but regardless of first offence or the effect it may have on his business or indeed dependant employees, family etc - drink driving will undoubtedly result in a ban. Speeding, totting up etc might escape a ban in exchange for a heavier fine at the courts discretion, but DD.... no!

I know when it comes to losing your licence due to points you can plead hardship. Not sure if it applies to DR10. Normally it's a statutory 1 year ban and if he's lucky he may be offered an opportunity to reduce that to 9 months by paying to go on a course.

I got "caught" 4 years ago. I was stupid enough to have a couple of pints after football and then drove a couple of the lads home. I didn't think it had affected me but it had and I lost control of the car. I was "lucky" in that nobody was hurt in the crash. I "only" blew 43mg/l.
I have never done it since but still pay for it through inflated insurance prices and am limited as to the jobs I can do as I am not allowed a company vehicle.

He can get a good brief and offer to pay a much bigger fine, might cost around £4000 to get away with it by pleading he will loose his job etc.

Then again, it might be a good lesson to go 9 months on the bus and lifts....

That and the fact that if you get caught again within 10 YEARS you get banned for 3 years, no questions asked, and have to sit an extended driving test and also see a DVLA doctor who has to certify you don't have a drink problem!!

If memory serves drinking & driving is a criminal offence,rather than a civil offence.If that is correct then there are obvious & oblique ramifications..
Obvious...... Fines .. Endorsements .. Possible driving bans .. Possible retest .. Possible prison sentence.
Oblique ...... Criminal offences have to be declared when applying for travel visa`s.

I know he is a mate, but sorry mate, he should have thought about his business n family before he did it n goes to show the police may have said its a routine stop but not always the case coz they dont want to imply anythin before the know for sure. Sorry but in my opinion he deserved to get caught because the ones that dont do it again n end up with more on their consience than they bargained for.

It is definately a ban. There is a strict no drink and drive now. As soon as you blow more than 35, say goodbye to your licence. I'm afraid loss of business or job does not effect the sentence, and my opinion on that is, serves you right.
I thumped it in hard to my eldest son when he passed his test 3 years ago, and my youngest who sits his on the 4th of December. "You drink when you have the car, or driving the next morning, and don't expect any sympathy from me".
It may sound hard but its the only way to get it through. All it takes is for some idiot to hit you, and you both automatically get breathalised. It doesn't need to be your fault.
Plus how would you feel if you hurt or killed someone and had been drinking? I wouldn't be able to live with it.
I know what I would feel like doing to someone who killed one of my family members.
No point in taking any chances, its too easy to say " it doesn't effect me".
Sorry to sound hard on this, but as you can see, I feel very strongly about it, as I have seen lots of horrible sights due to being a breakdown mechanic years ago, and being on police call outs to accidents. Not nice.

In Loving Memory of Robert Mills

Need i say more

Hi Andy
Found this info for you...

Caught Drink Driving

The police can stop you if they suspect you are driving under the influence of alcohol. Also, if the police suspect you are about to drive a vehicle (for instance you have your keys in your hands and are just leaving a pub) you can also be stopped and asked to take a drink-driving test. You may also be asked to take a breath test if you are involved in a road traffic accident.

There are three general drink-driving offences:

* Being in charge of a vehicle when you are over the legal alcohol limit.
* Driving a vehicle whilst over the legal alcohol limit.
* When stopped by the police failing to give a breath test.

At the Roadside
The first test that you will take after the police have stopped you will be a breath test. You are breaking the law if you refuse to take a breath test, but if you do refuse you will be arrested and taken to a police station where a sample of your blood or urine will be taken for testing. Note that only a doctor can take a sample of your blood, and only with your consent.

At the Police Station
When you arrive at the police station two samples will be taken. The lowest reading will be used as evidence in your case. You should be given a printout of the alcohol level that has been detected for your own records. Usually the samples are just breath samples, but the police can request that you give a blood or urine sample. This may happen if you are unable to give a breath sample, as you are too drunk. Also, the police may not have a breath device or a qualified officer to operate it available. A doctor may also have informed the police that your condition may be because of drugs and not alcohol.

What Happens if I am Charged?
If your alcohol tests are positive you will be told your rights and cautioned about anything you say can be used in evidence against you. The details of your offence will be recorded on your charge sheet that you will have to sign. You will be given a copy for your records. You will then be free to go and expected to appear at the court at the stated date and time on your charge sheet.
The Penalties
If you are found guilty of drink-driving the penalties are:

* A ban from driving for at least 1 year.
* A fine of up to £5,000.
* Between 3 and 11 points to be put on your licence.
* A prison sentence of up to 6 months.

What are the Legal Alcohol Levels?
You can be found guilty of drink driving if you have the following levels of alcohol in your blood:

* 35 microgrammes of alcohol in a100 millilitres of your breath.
* 80 milligrammes of alcohol in a 100 millilitres of your blood.
* 107 milligrammes of alcohol in a 100 millilitres of your urine.

Note that if one of the two breath tests you will take is below 39 microgrammes you will not be charged. If your breath test is between 40 and 50 microgrammes you must be offered the chance to give an alternative blood or urine specimen. However, if your breath test is over 51 microgrammes you will be automatically charged and face an appearance in court.

Hope this info was useful
Also Your mate may have to attend a a drink driver’s rehabilitation course;
Regards
Roo...

i wouldnt call it a silly mistake,if he had killed someone it wouldnt be a silly mistake then would it,i hope they hit him good and hard,then he wont be making these silly mistakes again.

A partner of a friend of mine, moved a car from a pub car park to a side street for safety over night, the Police saw him do this, he blew a similar level to your friend.

He ended up with a 1 year ban, and very high Insurance from then on.

The consequences are clear, if you drink more than 1 drink you could be over the limit and you have to consider the effects of losing your job, business, house etc.

It's harsh, but the law needs to be consistent.

Mark

Just checked with a friendly solicitor. Points on your licence are a civil offense and therefore the courts can choose to waive any penalties that are implied by the points should you prove it is a better idea to do so. Drink driving as said earlier is a criminal offense and so the court have guides as to the penalties that should be applied.

He may be lucky as it is possible for the judge to dish out a fine and heavy number of points on the licence (possibly taking him above the maximum) but wave the ban for the points. Depends on the judge but my friend said that the majority of judges around here don't even listen to the evidence and issue the ban out of hand as they don't wan to end up in the papers for being lenient on drink driving, especially with the time of year and the annual coverage that drink driving gets it doesn't look good.

Having said that, I agree with what has already been said, sorry but no sympathy. I have had a friend killed by a drink driver wo ran him off the road in a road rage attack, the driver got a £1000 fine and a year ban as it was his first offense. Bring back the ability to charge death by drink driving as manslaughter or worse....

My Sister was caught the morning after, 1st offence, but still an 18 month ban! It must have been a hell of the night before! No sympathy though. A timely reminder with the festive season nearly upon us.