The legal limit of alcohol per 100 millilitres of breath is 35 micro-grams. It is this reading which can hugely affect the sentence which may be passed. Investigations may also 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 it is likely that a Community Order will 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.
Although the Court is required to disqualify you from driving upon conviction, all motoring offences which carry this requirement or that of penalty points are subject to “special reasons”. This means that if there are exceptional, special reasons for committing the offence, such as an emergency, driving a very short distance, or not knowing you were under the influence of alcohol, the Court may choose not to disqualify or pass penalty points.
If you are accused of Drink Driving, you should seek legal advice immediately.
It is vital that you receive the best advice possible and provide as much detail of the facts of your case as you can to ensure the right result for you.
If you’d like to talk to us about your driving offence please fill out the form below or give us a call.