Drink driving punishments

[matt_uk]

Basically a mate of mine was out on friday night had a few too many and thought it would be a good idea to drive home.

Well it appears it wasnt a good idea, he ended up rolling the car at 30mph gettin stuck in the car, rescued and arrested at the scene..

He just got released from the station today and said he dont really remember much about what happened, and he is now on bail and has got court on the 12th of June.

The officer told him he was 5 times the limit but on the form thingy it says 109mg of alcohol in his breath i think, he wasnt too clear about this on the phone to me. From what ive seen on the net this is about 3 x the limit not 5.

What is he looking at? obviously he will be banned, on the net it says 116mg can result in prison sentance, but as this is his time in trouble i cant see that. maybe a bit of community service and a hefty fine?

Anyone got any experiences with this, as i think he wants to be prepared for when he goes to court, and he doesnt have the internet so cant do this himself..


Insurance wont pay out for the car will they as he was driving illegally? Its a right off.
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[chrisjacks]

IF the website below is correct he is looking at a 30 month ban which could be reduced to 22.5 months if he attends a drink driving rehabilitation course.

https://www.drinkdrivinglaw.co.uk/drink_driving_penalties_punishments.htm

[TheFoxyDuke]

Legal limit is 25mg of alcohol in breath. police tend not to prosecute until 40mg. So yes, he's 3 times over.

Punishment depends on the magistrates and whether the local area is on a crackdown at the time. It's a mandatory banning order regardless. I would guess since it's accident related that he's in for a bit of a rogering from the courts (as well as Insurance companies for the next 6-7 years when he gets the licence back). He could try arguing but probably best to plead guilty and get it over with. Courts hate timewasters.

I would expect as least over 2 years, followed by an extended retest, and health checks to make sure his alcohol level stays down. He's now classed as a 'high risk' offender and as such is pretty much classed as an alcoholic by the DVLA, who will want indepentend proof otherwise.

Shagged basically

FoxyD
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[The Original Muzza]

The breath alcohol content is to extrapolate back to Blood alcohol content, generally by 2.4 times. Blood Alc limit is 80mg% (milligrams per 100ml of blood) I believe, so breath limit is ~30micrograms% (micrograms per 100ml), naturally they legally have to account for errors hence the roadside testing device beeping at 35.

The above is from memory and probably not completely accurate

EDIT: Foxy, if you had 40mg% in your breath you would be 1000 times over the limit
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[trevoriv]

Anything over 100mg and your in trouble. A suspended 6-12 month sentence is possible if it's a first offence.

Likely to get a 3 year ban and fine as well.

As soon as you drink drive your insurance is kind of reduced to RTA only cover (like TPO).
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[Hex]

Regardless of the fact he is guilty etc tell him to get good legal representation.
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[The Shaggy D.A.]

My dad got a 3 year ban, and 10 years on his ADI. Can't remember how much the fine was.
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[Darth]

I was pretty foolish in my youth and did something very similar. Parked the car in a steel barrier next to Aberdeen bus station after a night out. I got a year ban (stays on license for 10 years so insurance will be a killer for the next decade!) and if i remember rightly, a £500 fine. This was about 15 years ago though.
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[iooi]

Take a look Here for guidelines....

[quote]
Breath test 101-115, ban 30 months, Consider community service

[TheFoxyDuke]

[strag]

If it was 109 in breath then he is just over 3 times the limit. You are right, magistrates guidelines state anything above 116 then custody is to be considered, so they will be starting at a community penalty.

He will definitely get a minimum 12 month ban, 18 months if he is unlucky.

It is likely they will ask the Probation Service for a report to advise the Court on sentence (they may not as this is his first offence but the reading is high).

If they choose to go down the punishment route they may give him unpaid work, but its unlikely.

An educated guess would be that they will give him a Community Order of 12 months with 12 months Probation supervision and a requirement to attend the Drink Impaired Drivers programme.


They may also offer him the HAPAS course, which he will have to pay for, and once completed his ban will be reduced.

Also the inevitable fine and Court costs.
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