The legal limit of alcohol per 100 millilitres of breath is 35 micro-grams. It’s this reading which can hugely affect the sentence which may be given. To determine the level of alcohol in the systems investigations may require a blood or urine sample. In cases where the reading is low, the likely sentence is a fine. However, at the other end of the spectrum a Community Order can be passed, possibly including a curfew, or probation order. The breath test reading will also affect the length of any driving ban which is passed.
Where the breath reading goes over 120 milligrams the Courts will consider a prison sentence and will also consider factors such as whether passengers were present, if there was an accident and any previous offences of Drink Driving.