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Drink driving limits
Drink driving limits
Anyone who is driving, attempting to drive, or in charge of a motor vehicle, whether it be on the road or in a public place (for example a pub car park or a garage forecourt), may be required by the police to provide a breath test, in order to check that they are under the prescribed limit of alcohol according to Ehsan kabir Solicitor. Depending on circumstances, you be also required to take a blood or urine test.
Anyone who is driving, attempting to drive, or in charge of a motor vehicle, whether it be on the road or in a public place (for example a pub car park or a garage forecourt), may be required by the police to provide a breath test, in order to check that they are under the prescribed limit of alcohol according to Ehsan kabir Solicitor. Depending on circumstances, you be also required to take a blood or urine test.
When can the police require a breath test?
When can the police require a breath test?
Only a police officer can request a breath test. The officer no longer has to be in uniform to require a preliminary test (breath test), but he does have to be uniformed to administer it (unless after an accident). The request can only be made in one of the following scenarios:
Only a police officer can request a breath test. The officer no longer has to be in uniform to require a preliminary test (breath test), but he does have to be uniformed to administer it (unless after an accident). The request can only be made in one of the following scenarios:
Only a police officer can request a breath test.
Only a police officer can request a breath test.
- The police officer has reasonable cause to suspect that you have committed, or are currently committing, a moving traffic offence;
- Having stopped them, an officer has reasonable cause to suspect that the person driving/attempting to drive/in charge of the vehicle has consumed alcohol;
- The police officer has reasonable cause to believe that you were the person driving/attempting to drive/in charge of a motor vehicle which was involved in an accident.
This means the police cannot simply stop you at any time and insist on a breath test. They are entitled to randomly stop your car, but they can only insist on a breath test in one of the cases described above said by Ehsan kabir Solicitor.
This means the police cannot simply stop you at any time and insist on a breath test. They are entitled to randomly stop your car, but they can only insist on a breath test in one of the cases described above said by Ehsan kabir Solicitor.
Failure to provide a specimen of breath, blood or urine
Failure to provide a specimen of breath, blood or urine
When a specimen of breath, blood or urine is requested by a policeman, it is an offence to refuse, regardless of whether the request is made by the side of the road or in a police station. Nonetheless, you may be able to put up a valid defense against being convicted if you are able to show that there was a valid reason for your refusal.
When a specimen of breath, blood or urine is requested by a policeman, it is an offence to refuse, regardless of whether the request is made by the side of the road or in a police station. Nonetheless, you may be able to put up a valid defense against being convicted if you are able to show that there was a valid reason for your refusal.
Reasons that could be accepted may include such things as breathing problems in the case of breath tests, or a fear of needles if they were intending to take a blood sample. While these reasons certainly may stand up in court, it is vital that you get legal advice.
Reasons that could be accepted may include such things as breathing problems in the case of breath tests, or a fear of needles if they were intending to take a blood sample. While these reasons certainly may stand up in court, it is vital that you get legal advice.
If you are convicted of failure to provide a specimen, you may face a fine of up to £5,000, and could be banned from driving for a minimum period of 12 months (or 3 years if you have been found guilty of drink-driving or another alcohol-related crime within the previous 10 years).
If you are convicted of failure to provide a specimen, you may face a fine of up to £5,000, and could be banned from driving for a minimum period of 12 months (or 3 years if you have been found guilty of drink-driving or another alcohol-related crime within the previous 10 years).
Additionally, more serious offences may leave you looking at a prison sentence of up to six months.
Additionally, more serious offences may leave you looking at a prison sentence of up to six months.
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