Caught Drink Driving

CourtroomAdvice Editor 23/05/2026 at 9:18 am

@Temple This is what's known as the "hip flask defence" and it's notoriously hard to run successfully. You'll need expert evidence from a forensic toxicologist who can back-calculate her alcohol levels at the time of driving versus at the time of the test, factoring in what she drank afterwards. Get a specialist motoring solicitor involved straight away, as they'll instruct the right expert and it isn't something to attempt without proper legal help. Witness statements from those at the house confirming the drink will also be crucial.

Temple 04/02/2024 at 1:24 pm

My daughter crashed her car, no one else was involved. Passers-by helped move the car off the road and she got a lift to my other daughters house. She had a drink at her house then my daughter says she will have to go to hospital as she needed stitches. The Passers-by notified the police to say she was ok. The police went to hospital did a breathtest on her and it was 44mcg. She then had to give urine test. How can we prove she had a drink after the accident, she is a young driver and didn't know better!

Terry 18/12/2023 at 12:36 am

I was stop and fail the road side test and was taken to the police station..and I blow 96mg what will happen and will I loss my licence..as it my first time offence. And I work in a school. Please help

Chaddy 23/09/2023 at 11:09 pm

I was arrested a few yr ago for being just over the limit at road side and charged, however I was not breathalised at the police station on the machine there!… is it lawful to be charged just off the roadside test? Thankyou

Corco 18/08/2023 at 3:49 pm

I was stopped yesterday morning and was taken to Kevin's Street to do a breathalyser which came back at 51 micro grames on the breath test machine in the station, what's the penalty for this ,for a first time DUI

Lee 24/06/2023 at 3:42 pm

My son was tested and was 48 roadside was arrested and did another test at the station and it was 44 - he was not offered a blood or urine sample to be tested - I have read that he should have been offered one - will this help him get off !

Ads 18/06/2023 at 6:30 pm

To all of you that blew over 35, you get what you deserve... losing your job? Tough. Rely on your car? Soz. Noone forces you to drink and I'm reading all of these comments, knowing you are all about to be shafted and laughing wholeheartedly. It's a shame you're not banned for life, you are grown adults and the fact you can't NOT drink drive is pathetic.

L 09/05/2023 at 4:49 pm

I had caused an accident after having a couple of drinks, on the roadside I blew 44, and the saliva test showed a very faint line after 8 minutes or something, I was taken to hospital and agreed to have blood tests.. this was Halloween last year 2022, was told 2 to 6 months waiting time, we're now in May and has exceeded the 6 months. I don't know whats happening, will they tell me I'm negative if I'm negative and was legal to drive? I need this info as insurance wouldn't touch my car or help me in any way, because I stupidly told them what happened roadside. Can anyone give me advice here?
Kind regards
L

Leon 31/03/2023 at 11:09 am

Is the text below still the case ?
Duty solicitor is telling me no longer applies ?
Thanks
Leon

Zoe Nash 18/03/2023 at 6:54 pm

I was reversing in a car park and backed into a walk. Passers by saw me and called the police. I did not submit a test as was very anxious about being over the limit. Now I have been charged with failing to submit a sample. I have never had any dealings with the law. Im a single mother who has really been struggling with the menopause. I do have points on my license for speeding a year back. What might my sentence be?

Yoller 25/12/2022 at 7:14 pm

I blew 20 at the roadside and was allowed to carry on with my journey.

Anonymous 05/11/2022 at 4:36 am

My partner has blown 60 and been charged court date is in a month. What are the chances he will loose his license. He’s never done this before I think he has 3 points for parking but that’s it. He needs his car for work.

Anonymous 23/10/2022 at 11:02 pm

I blew 50 at roadside. Hadn’t drank in over 12 hours due to recovering from a heavy night out drinking. Was then driving speed limit and not swerving as was pulled as a routine stop due to picking my friend up from a night out as they were stranded. I rely on my car for many many things such as travel to and from my daughters as she is 1 years old and not with ex partner and live over 20 miles from home. I also drive for a living and use my car for my mental health factors as it’s the only thing that keeps me sane. I need help to prepare for what will be the outcome from court in 3 weeks

Anonymous 23/10/2022 at 10:59 pm

I blew a 50 at roadside. This was the morning after 12 hours of none driving from a night out. Hadn’t drank or eaten anything and was driving my friend back home. Was pulled over while going 30 in a 30 and not swerving. I use my car to travel to and from my daughters and I also drive for a living and am reliant on driving for many things including mental health. What are my chances of not losing my licence because of being permanently reliant for all the above? My court date is in 3 weeks but I would rather prep myself now for what will come of it

Tarrum 31/07/2022 at 11:13 am

I blow 46 at the station they didn't offer me a blood or urine sample iv been driving for 20 years clean licence im a hgv driver whats my chances please?

Kumar 27/04/2022 at 12:18 am

Hi, I have clean licence and I have been driving for more than 8 years. I blew 49 at roadside and they take to station and after 3 hours they took my blood sample. And release me. What will happen next? I am worried about my blood test. As I am a lone driver in my family I need my license for my job too.

Jt 10/04/2022 at 11:45 pm

I blew 44 road side from my crash and my bloods came back 96mg. My court case is on Tuesday. I’ll loose my job if I loose my license. Will they take that into consideration? Had no previous conviction or anything. Will I have to do my test again? I didn’t hurt anyone a car speeded past me and made me swerve and hit a Kirb and my car flipped. I wasn’t speeding or anything. I was just going home the morning after I’d had a few drinks

MISS K WEBSTER 20/09/2021 at 5:47 pm

I blew 66 at 4.40 am then blood taken at 8 am what's chances of it going down in that time

Jb 28/06/2021 at 4:31 pm

Blew 103 2 nights ago was taken back to the station and tested again twice, this was about an hour after the road side test. First test in station I blew 44 second was 38 so I was lucky enough to keep my license and wasn’t charged. Officer was extremely annoyed and couldn’t believe the result. Is this common or was I very lucky?

Jay 21/06/2021 at 11:14 pm

Stopped in aug 20 blew 42 at roadside 44 at station charged with 3yrs due to second offence in 10 years. No blood or urine offered apperently that law hasn’t exisited since 2016 is this correct?

Dno 19/06/2021 at 5:24 pm

I was stopped and blew 47 at the police station .lowest of 2 results .I was held for 21 hours .never offered either blood or urine test but charged and given a court date .any advice as to legality of this please Ime type 2 diabetic also .had 3 blood sugar tests in custody every 3 hours .22.5 -19-14.5 respectively.any bearing on breath test results? Thanks

Shaun 14/06/2021 at 9:22 pm

I have a clean license and blew 49 at the station and was not offered an alternative test. I am worried about the outcome at court as I am reliant on my car for many things. Do you know what is likely to happen?

Beechy 14/06/2021 at 9:07 am

Last night I blew 70 at the roadside at 10pm then later at 11pm the machine registered ‘alcohol in the mouth’ so I had to do a blood test then at 1;00am I blew 39.
What’s the chance that my blood test was under

Kiran 14/05/2021 at 2:55 pm

Last night I blew 71. And I have to attend to court next month. So what are the chances that going to happen next.

Chelsea 09/05/2021 at 11:51 pm

Hey I’m 24 years old, had no previous convictions but blew 60 on the breathalyser. I have been driving 2 years and 2 months. Do you know what conviction I will be given? Thanks

Dd 31/03/2021 at 9:37 pm

I refused to take the breathalyzer at the police station..i was banned for three years..will this affect my medical will i be drug tested or just the normal blood test

Bal 12/11/2020 at 8:12 am

I blew 39.4 at station no urine sample and I have a court date is this right please ??

Jayk 05/11/2020 at 2:35 pm

I was breath tested at 12.30 at 71. Bloods taken at 5.30 what are the chancea it would have gone under the limit?

GG 30/10/2020 at 7:26 pm

Hi I was suspected drink driving from a call I made at 12:30... I blew 113 around 6pm. Found no where near the vehicle, no keys on me or nothing am I likely to get charged or can they not place me in drink driving at the time.

Macco 09/10/2020 at 8:10 pm

I’ve been banned for 19 months but can reduce by 25%. Is my ban now 13 months?

Gee 26/09/2020 at 3:07 pm

Hi,
I’m 19 years old and I blew 49 in the police station, I don’t have any points or criminal record. I’ve had my licence 22 months. Do you know what sort of conviction I will be given?

R 06/09/2020 at 3:13 pm

hi there

I was in a collision into a barrier where I got lodged into and I'd had a few too many in galway and the guarda were called i didnt give them a breath test...and sayed at a cell over night ...i have a court appearance to go to and i don't know what will happen ? Can anyone help me?

mat 26/08/2020 at 11:12 am

i pulled over in matalan car park and got out of car, police then pulled up next to me, i was breathalysed and blew 67. I had a few drinks but am surprised by the reading, can i ask for proof of calibration for the machine? I'm not going to argue about the charge but the high reading is concerning me.

Na 25/08/2020 at 8:00 am

I was sleeping in my car other night after a fight withy dad couldn't get home but police came to key was not in car I refuse to give them and was locked up came out of police with two black eyes and broken hand first time will I lose my licence

nicky 21/08/2020 at 5:54 pm

I had a blood test result of 85mg but am struggling to find out how to convert this to breath for a form thst I need to fill out

Haley 20/08/2020 at 8:19 am

Blew 50 at road side
Was arrested and charged I’m in court in October
They didn’t do any other test at station
They also refused to take me to hospital with a bad foot
Turned out I’d broke two bones when I went myself the next day

ed 10/08/2020 at 10:47 pm

Hi I got caught drink driving last night 2nd time in 3 years. I blew 71 on breath test what am I likely to get!!!!

A 28/07/2020 at 1:28 pm

I got stopped for drink driving over 6 months ago now and the court case keeps being adjourned.
I was informed that the police have 6 months from date of offence to ban me. It’s been over 6 months now so will I still get banned?

steph 19/07/2020 at 4:30 pm

Hi was was recently stopped for drink driving, I wasnt cautioned at the police station and not offered a solicitor, nor was I given a copy of my breath test. Can this affect my court case.

Many thanks
Steph

Sian 07/07/2020 at 12:30 pm

Got pulled this morning and had to do a breath test. Blew at 50 have a court hearing next month. This is my first time. What will I be expected with? Thanks

E-j 28/06/2020 at 10:56 pm

I just blew 48 at the roadside. Took e to the station but the machine wouldn't work so had to give a blood test. What does 48 breath test equate to in blood test. Also it was approx 2 hours after first test. Am I likely to be under the 80 blood test limit? Thank you

Sam 28/06/2020 at 11:59 am

How do I find out what level my breath test results were after I lost my licence? I am about to get it back after my Nan but need to know what my level was to see if I need a medical or not to get it back??!!

Steveo 02/05/2020 at 9:43 am

I was in hospital multstory car park , broken my wrist in 2 place's had vodka to help the pain . If in a car park will I still be charged

Max 26/04/2020 at 1:23 pm

Been caught last night the way home from work drank and tested Namely 65micro in 100 milli of breath !what Penalty I’m going to get :(

Sandra 20/04/2020 at 9:54 am

I was arrested and charged with failing to do a breath test. I was really drunk but not the driver of the car. It's my car so if been charged with suspicion and failing to provide. Will I loose my licence? Any help is appreciated

Dumb 19/04/2020 at 11:03 pm

I had done 12 hour night shift as keyworkers for hospitals farmers and fire brigadr came home had 2 vodkas and cokes..realised I had no bread and milk. Thought only had 2 I be fine..need to get some had none during corona with being at work went shop. Got caught. ...blew 40.... gutted what am I looking at?

Gb 13/04/2020 at 7:23 pm

If you’re taken to a police station to be breathalysed, how long until you’re released?

Chris 13/04/2020 at 2:38 pm

Hello I was outside a friends house early hours on Sunday and my car was running with the engine on and I was stood at the front door of the house and police turned up and breath tested me. Couldn’t tell me the result and took me to the station where I blew 65. Why can I get done for drink driving when I wasn’t in the car and wasn’t pulled over by the police for being in my car.

Jake 30/03/2020 at 3:42 pm

I blew 109 Sunday morning. What can I expect in court

None 08/03/2020 at 5:19 pm

Wise up guys , dDrinking and driving is not smart it’s totally irresponsible to others and yourself

HA 06/02/2020 at 9:08 pm

I got done with being drunk in charge sitting in my car, blew 75 at roadside then got to station and blew 82 but it didn’t register properly the machine wouldnt work basically so I did a urine sample, pissed in the cup then got told to pour it out and wait half hour then go again done that then they took it away so it could go for analysis, that was about 5-6 weeks ago and I haven’t heard anything yet anyone know how this works or what happens from here ? Thanks

Sillyme 02/02/2020 at 8:48 pm

I offered to swallow the cops cock and it worked x

Mee 27/01/2020 at 10:44 pm

Hello there

I got caught on drink drive Twice on 2015. I’m pretty sure I’ve done the breath test once as far as I remember have know idea how much it came up to. Can’t remember doing breath test on 2nd time. Right my question is I got no receipt or any copy of my breath test. Just want to know how much it came up to. Been to police station see if they can provide me a copy of that. They said we can’t. We don’t keep Those records. I’m like really WTF.
Can some one please tell me where is the best place to find for breathalyzer reading test. Trying to get a new car. All insurance company they ask for breathalyzer reading. Have no idea what to put down on it. Please help !!!!

Jama 18/01/2020 at 4:18 pm

I was cought driving whilst above the legal limit the breath result came out 40 I was not offered blood or urine test can I challenge them

raj 17/12/2019 at 10:52 am

Boo Sober up man youre not making any sense

Boo 17/12/2019 at 9:07 am

I blew 42 micrograms never showed me my first test or given any receipt or urine sample or blood machine was playing up wen got there was released wid keys wid in hour no calls help

Costa 09/12/2019 at 9:13 pm

I had drunk about 12 beer and when to move my car and got caught I had a blood sample and I don't know the results yet what I'm I looking to get

Peapod 09/12/2019 at 11:43 am

I got done for drink driving court day is the 6th of January I only blew 41 and wasn’t offered blood test or urine test either will I receive a ban ? Or will this go in my favour?

jimbo 07/12/2019 at 8:00 pm

Hi John,
ive heard that this is not the case now , however i blew between 40 and 50 , but only on there say so , later they gave me a piece of paper saying (demonstration test at the top and one at the bottom with the same ,, it showed 35 mg on the first test and 28 mg on the second ,, i dont know if this goes in my favour as they gave me another breath test when they took my finger prints ,, so im assuming this is the peice of paper from that ?

Jord 26/11/2019 at 4:21 pm

I was not offered a blood test either and blew 40. Have to go to court now on 10 December.

Angelcake 25/11/2019 at 10:56 pm

I was charged with 39 not offered an alternative given 12 month ban but was offered and completed the drink aware course

Samszeee 18/11/2019 at 1:01 pm

I am still awaiting my blood test results from drink driving, it has now been nearly 14 weeks. Will this help me in court (if it does go to court)?

Helper19 18/11/2019 at 8:18 am

I was caught drink driving with 40 mg of alcohol in a 100 millilitres of breath. I wasn't offered a chance to give a urine of blood specimen. I have court it a couple of weeks, does this work in my favour? Thank you.

Jojo 27/10/2019 at 1:02 pm

I was caught by the police driving only with L and i was drunk can i know what will happen thanks

Emma 23/10/2019 at 10:20 pm

Will my partner have to be sent back to Albania if he was caught drink driving in the UK.

Ben 12/10/2019 at 2:43 am

As i say in previous message
my partner managed to swerve to avoid a full on collision, but the drink driver did smash into the front corner of her car off ramming her off the road inyo a ditch nearly turning the car over, basically its a right off,
I say she was lucky because 1m away was an electricity pylon to supply a local farm that could of been hit and made things much worse,
All 3 ended up in hospital with various injuries but we do not know about the driver,

Ben 12/10/2019 at 2:28 am

What happens if the drink driver causes an accident, injuring people and hitting 3 cars,
bad enough that they have ripped the wheel off there own car they are driving
will they get bail ?
Im enquiring as my partner child and mother in law was recently rammed off the road an hurt, very luckily she managed to swerve to avoid this drunk driver who passed over the road into on coming Traffic, we have heard nothing back from the police 3 days later He was arrested at scene failing breath test was told 5 time's
Over limit at 5pm Wednesday afternoon,

Dan 06/10/2019 at 10:04 am

I got arrested friday for drink driving. I blew 51 on road side after only having 1 drink which was a vol of 5.6 and hadn't eaten in 2 days. I then blew 46 in the police station. Will I get a ban or loose my license?

Pye 19/09/2019 at 10:31 am

My son blew 41 on the breathalyser and was charged with drink driving, should he by law been offered a blood test,?

Dee and Dee 19/09/2019 at 2:01 am

Hey Johnboy, yes is the answer. You should really just be honest now before you make it worse. Just pop into a police station and have an honest chat. Honesty is the best policy.

Kaza 08/09/2019 at 5:04 pm

Police pulled behind me at home saying they saw me bump up curb and had a a phone call of resident I was in car talking for about 5 mins b4 they pulled up behind me.im on medication. Im very uneasy on feet always. They asked for test which I did 3 times on roadside he informed me that none had worked..took me to station and charged with failure with no good reason. I said I did what they asked..I asked solicitor what do I do she asked if they asked for blood or urine. No they didn't so she advised me to plead not guilty on day. On her advice..now up on 15 October and don't know what outcome could be. Cant get legal aid. Even though I only get 312.00 month U.C. So im confused and scared and really don't know where to turn..

Cind 19/08/2019 at 5:30 pm

Hi my son is on license but was arrested for drink driving and a smite bump in to another car he was 71 tested and is due in for. Hearing how long is he going to prison for

Gaz 22/07/2019 at 6:47 pm

My reading was 42 what is this in milligrams please

Hmc 04/07/2019 at 11:08 pm

My friend was in a car crash. She blew 56 only one test and was then taken to hospital and her blood taken. What could this mean for her? She is awaiting a letter of her results but can take up to 8 weeks. This would be her first offence.
Thanks

will 30/06/2019 at 7:33 am

Came off a long haul flight and crashed into another car, no one hurt!
Blew 105 and was taken to hospital where I gave a urine sample around 4 hours after. It is my first offence. I was released straight after I gave the urine test and am awaiting the results. What am I likely to receive in terms of punishment.

Carl1 11/06/2019 at 11:04 am

My son was arrested for drink driving blew 40 and was taken to police station they took blood and released him in the morning saying he has to wait for a letter , this is his first crime hes committed ,what is he expecting to get he co operated in a positive manner.

Arw 08/06/2019 at 1:46 pm

My partner blew a 71 but was taken to a&e and was given a blood test around 5 hours after first blowing. Would it have dropped enough by then for him to pass??

Pip 29/05/2019 at 10:45 am

On my charge sheet it said failed to provide a breath test without reason and nothing else even though two further breath tests were taken 4/5 hours later, but I wasn’t given the results verbally or written. Should I have been given theses results on my charge sheet that I signed? When I failed the breath test three times because I couldn’t blow long enough I was told that this happens and not to worry. When I read that I’d failed to do the breath test without reason the officer just said to mention it in court. Can you explain?

Johnboy 26/05/2019 at 4:05 pm

I stupidly drank and drove. I was not pulled over but concerned that the pub has me on cctv drinking and then driving off. Can I still be charged?

Pip 25/05/2019 at 11:57 am

I was pulled over by a police officer because he said that I’d had a slight wobble. He asked if I’d had a drink and I said that I’d had two small glasses of wine. He didn’t have a breathalyser with hi and so he took me to the police station. I did three breathing tests but I failed to do them for long enough. I asked them what this means and what would happen next. I was informed that this sometimes happens and not to worry. I was given an information sheet that explained what happened but when I read that I’d failed to do a breath test without reason I questioned this, because I know that this wasn’t true. The officer said to point this out in court. I then found out that this warrants an instant ban. I have a Ventolin inhaler and had all this been explained to me at the time I would have mentioned it, but I was lead to believe that I shouldn’t worry. Can you advise ? Thank you.

Edward 05/05/2019 at 9:15 pm

Police do not have to offer an alternative blood or urine sample if you blow between 40-50 anymore. It’s sufficient to charge.

RD 03/05/2019 at 2:12 pm

I tested at 44 on both tests at the station and wasn’t offered an alternative blood or urine test. We this work in my favour at court?

Thank you

Gooner 01/05/2019 at 1:21 pm

Had few drinks the night before. Woke up in the morning and felt alright. Drove home and the fault of the car had caused the crashed. I couldn’t control it. Then first step was to called the police. They arrived and want to breath me and blew 65. At the station then blew 72. Both readings are different. This is also my first drink drive conviction too. Have clean license for 18 years. What will happen to me when arrive at court please? Thank you

Tom 24/04/2019 at 12:12 am

Caught drink driving blew a 40, first driving offence, fully co-operated with the police. Got court may the 7th, you say if you blow 40-50 they need to do a urine test or blood test, didn’t do either. What’s likely to be the outcome?

Mark 21/04/2019 at 1:47 am

Arrested for driving under influence of alcohol. Reading 74 Microgrammes of Alcohol in 100 millilitres.
The recordings were not printed and I was not given a copy of the reading. This was taken at 09:34 15/04/19 in the morning and I was not driving the vehicle when arrested
I was suspended for drinking and driving on 09/2009 for being DD at 41mg and have held a clean license since.
I was on antidepressants and painkillers on the morning of 15/04/19 and I wasn’t aware I was over the prescibed limit of alcohol as felt fine but suffering from a panic attack

Jj 20/04/2019 at 8:01 pm

I was arrested for drink driving I wasnt driving the car I was parked up the engine was on as I had the heating on but when I was given my sheet for the reading the highest was 44 lowest was 33 I was charged and got go to court is this right as the readings wasnt even high

JOHN 09/04/2019 at 3:21 pm

"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."

If I wasnt offered this could it void the charge

JOHN 09/04/2019 at 3:20 pm

"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."

Gavw 07/04/2019 at 6:13 pm

I passed my test 2 month ago, I stupidly risked driving whilst under the influence of alcohol aye crashed into a bollard damaged my car quite badly, got pulled over blew into the breathalyser 3x and failed do it properly so officers put it down too me not cooperating so has on my charge sheet failed to give specimen. Drink driving and resisting arrest what will I get I have no previous driving offences. Any help or advice would be appreciated

Nic 01/04/2019 at 7:39 am

I was arrested for drink driving, I blew 72 and then 70
It’s my first ever offence and have a clean license, what will I get?

Stupid 04/03/2019 at 7:19 pm

I foolishly drunk drove hit a parked car left the scene and was arrested outside my house
I’m being charged with leaving scene and failing to provide a specimen
It’s my first driving offence I feel so awful I’ve let everyone down as well as causing inconvenience to the other car owner what will happen to me I feel so depressed

Stevo 21/01/2019 at 3:16 pm

I was charged with a drink driving offence blew 54 got to attend court in February this is my first conviction with the police ever what am I likely to receive

Aakash 22/11/2018 at 10:59 pm

I got pulled over failed the roadside breath test so then was taken to the police station where I was breathalysed again and blew 43 and 41 they took my lower reading on the charge sheet is says my reply was” I would like a blood test” however the police didn’t give me one? Now I have a court date on the 28/11/18 and am very confused on why they didn’t give me a blood test

CourtroomAdvice Editor 14/06/2018 at 10:08 am

, which will answer your question more fully.

Fool 13/06/2018 at 3:29 pm

I have just been caught drinking driving and blow 55 1st offence what would I get if I say guilty. Is it a years ban and a fine .

Rafael1980 13/05/2018 at 10:17 pm

I blow 137 on my breath test?
What will happen?
It's my 2 time in 6 years

Jimmy D 08/05/2018 at 4:44 pm

This statement in the article is incorrect:

'If your breath test is between 40 and 50 microgrammes you must be offered the chance to give an alternative blood or urine specimen'

The requirement to provide the option to provide a blood or urine sample was abolished some time ago. It was originally there to allow for machine inaccuracy but as technology and accuracy has improved, the blood/urine option between 40 and 50 microgrammes has been removed.

CourtroomAdvice Editor 01/05/2018 at 2:14 pm

You can , which will give you a reliable estimation of what sentence you can expect to receive.

Judda 30/04/2018 at 9:00 am

I blow 40 in my breath test what will happen can't afford to lose my license as I'm a lgv driver I have no points and no other conviction worried and feeling stupid.

CourtroomAdvice Editor 26/02/2018 at 10:15 am

The drink driving penalty calculator link here provides a reliable estimation of what you can expect to receive upon conviction of drink driving at Magistrates' Court in England and Wales. However, as the article also states, the courts do have the discretion to deviate from the guidelines where there is evidence of extreme and/or multiple mitigating or aggravating factors surrounding a particular case (e.g. a serious road traffic collision).

Chef 25/02/2018 at 3:00 pm

Sorry was meant to ask if I will go to prison as I’m freaking out about it. Many thanks

Chef 25/02/2018 at 2:58 pm

Hey I was pulled over outside my house last night blew 73 and got court date on 18th it’s my first offence I feel pretty bad and really stupid for doing it. What will I get I won’t go to prison for this. Thanks

Sillygirl 18/02/2018 at 12:33 pm

Its done now theres not alot you can do until court.??I v been to court second time after blowing 3 times over in 11 years. When you go it might be worth speaki g to the duty solicitor. Where they sit you can roughly tell you what they are going to do. When i went in they put me in the box and low and behold of to prision i went for 2 months where as the first time i sat behind my solicitor. Its a scarey situation. When you go just be aware that you might be going home a bit later than you think. Bring someone with you. It will all depend on the day and evedence. The prision side was not as bad as i thought it would be BUT its not something that i would recommend. It was hard being away from family and not being able to sort out any issues at home but you keep positive knowing that you will be home soon.

OllieN Editor 06/02/2018 at 2:44 pm

@Sangu - see a solicitor. If you were drunk in charge of a care, it doesn't matter if it is a car park or out on the open road, it's still considered illegal to drink and drive.

Sangu 31/01/2018 at 12:42 am

I blew 55 and i had no conviction before i just went to park the car in a secure carpark and i was caught whats the best thing i can do

JBen 21/01/2018 at 10:13 am

I blew 49 last night and wasn’t offered the chance to do a urine or blood test. Can I use this in court?

Sido 13/01/2018 at 8:46 pm

I blew 141 and it's my 2nd time in 3years, will I go to prison?

tdot 04/01/2018 at 1:02 pm

hello my boyfriend got pulled over and arrested for having cannabis in his system when doing an on the road side drug test he was then taken to the police station and given a bloody test this was all before the week before Christmas and we still have not head anything? is this normal how long does it usally to take to know what is happening?

Jonno 01/01/2018 at 5:18 pm

I got pulled last night never been done for drinking and driving had 4 beers but did have a few the night before plus am on pain killers so can’t drink loads I have been told that it also carries a jail sentence so am totally worried start to 2018 and don’t know what to do any advice or experience would help pls as I am a single parent to and don’t wanna lose my son

NinaB Editor 18/12/2017 at 12:23 pm

@JackTheLad - thanks for this. I'm in the same boat. Have to go to court in January, it's messed up my Christmas for sure and will mess up my 2018. My own stupid fault I know :(

JackTheLad 16/12/2017 at 9:46 pm

Hi @Jeanie if your anything like me you've never been to court before and are absolutely terrified but don't worry it's not as bad as it seems. Turn up on the day as requested and make sure you are early. I asked where to go when i was in there as i had no idea, then I waited until my name was called.
Some people get a legal representative but thats not always affordable, plus it would have to be exceptional circumstances in which you'd get off a ban or the fine. In the room you will be advised where to sit, there will be about three magistrates sat at the front and there will be the usher, someone writing everything down and i forget who else was in there as i was a bit dazed!
You need to take your license with you as the court will confiscate it. You will be asked to give your account of what happened on the day and then the magistrates will decide on the ban length and fine.
It's not as bad as you think and it doesn't take too long, just stay calm and it will be over before you know it.

Good Luck

Jeanie 25/11/2017 at 6:29 pm

Hi,

I was stopped and blew a breath reading of 55 at the police station. I’ve been given a court date but i’m worrying as I dont know what to expect. I have never been convicted for drink driving before and currently have 3 point on my record a previous speeding charge.

Does anyone have a rough idea as to what I can expect or have a similar story that you could tell me what your outcome was.

Thanks

RR Editor 30/10/2017 at 3:06 pm

@Shaz - it doesn't look good. If she's seen on camera as driving, or leaving the scene then she'll definitely be charged :(

Shaz 27/10/2017 at 9:10 pm

My daughter has been charged with drink driving and had smashed her car she dis not stop and the police turned up at a party over an hour later and she was given a breath test which showed a reading of 93 however she had continued to drink at tje party. She is currently at uni training g to be a teacher and a charge will seriously jeopardise her being allowed to continue this. Can any one help me to prepare jer for tje likely outcome. Thanks

Dave 10/09/2017 at 1:34 pm

Hi nic: I blew 41 last week now appearing in court next week. Just wanted to know what happened to you in court if you don't mind me asking. Thanks

Nic 31/08/2017 at 2:52 pm

I blew 40 but was not offered a blood or urine sample. Im due in court next week. What could be the possible outcome, does it look like ill lose my license?

Will 29/08/2017 at 1:58 pm

I blew 54 it's my first offence what am I likely to get

Gman 14/07/2017 at 12:21 am

I forgot to mention that I had a bottle of wine whilst walking home from the rtc

Gman 14/07/2017 at 12:19 am

I had a Rtc last week. My car has now been written off. Nobody was injured. I was driving through country lanes, swirved to avoid a small fox, then collided with a low stone narrow bridge. I was unable to contact the police at the time as of location and no signal on the mobile phone. I therefore walked towards the direction of my home. The police picked me up a mile and a half away from my car (35 mins). I was cooperative and admitted driving. I was breathalised and arrested. This was at 2345hr. I had 2 ciders at 7pm and was well steaming the night before.
I blew 126. Any advice please?

Morgano 02/05/2017 at 3:24 am

I am type 1 diabetic had 3 glass of wine and 1 and half Guinness then slept 3 and half to 4 Hours then drove didn't eat much i blew 65 roadside but 105 at the police station while beginning to feel hypo but i had no IV blood test why? After blood sugar reading was done it was 14 blood sugar but felt hypo is there complication because ketone and Acetone levels are greater in t1 diabetics...I had lost control but hit no one or nothing Airbag Came undone should I not of been taken to hospital... Please help with advice as on bail till 12th May with out charge but cant afford solicitor... Have my licence 3 half yrs and don't drink on any regular scale..

Steve 04/04/2017 at 12:05 pm

I had a couple of beers in the early afternoon (2x 600ml Cobra) but unfortunately hadnt eaten. I later drove at 5pm. I felt absolutely fine but rear ended a van. It was damage only. The driver stated no injury (but later said his back hurt). We exchanged particulars, He told me he had called police because of his company policy. I said there was no requirement for police and I was going home. I locked up my car and a nearby resident who had seen I was very distraught (my car was a classic that I had for 20 years and the front was totalled.) offered me a lift home which I gratefully accepted. I got home and I was in a terrible mental state, I downed 3 more Cobras and suddenly there was police smashing at my door! I let the officer in, and he questioned me without caution. He asked when I had last had a drink and I said a minute ago. I told him I had been drinking heavily since I had returned home. This was some 45 minutes after the accident. He then required me to provide a sample of breath and I had to remind him that there is a legal requirement to perform a breath test at least 20 mins after last consumption. ......
I blew 63. He arrested me, took me halfway across the county to the only working nick available. Up until that point I had been treated well and I had been overly cooperative and friendly. I had been told I would be tested on the EBM, interviewed and quickly released. During my detention check in, I was asked about my medical history and I refused to answer as I deemed it extremely private and personal. At this point the custody Sergeant got nasty. The conveying officers were also giving arrest story to the custody officer (the arresting officer was not present) and they failed to mention that I had gone home and started to get drunk. So I piped up to correct and give the true account of the situation. The custody officer told me to shut up so I gave her some lip. I was then tossed in a cell for 6 hours and only given 2 small cups of warm water. Even my glasses were taken from me as a petty punishment, the custody officer smirked as she ordered them off me!

Finally (I had no way of knowing how much time had passed) after about 6 hours I was brought out to see a police medic. At detention I asked several things. I wanted to see the FME as my neck and back were hurting (I have crushed vertebraes for which I am on strong pain medication for and the time for my 2nd pill had long since passed by the time I was eventually released)
I wanted to speak to a solicitor, I wanted a copy of the code of practice and PACE, and I also wished to make a formal complaint about the rudeness of the custody officer. None of these were given despite me asking everytime my cell was checked.

Eventually at about 2.30am I was pulled out and told the interview could not yet go on as the duty solicitor had not arrived. I was exhausted, extremely distraught and feeling very very ill. I reluctantly agreed to be interviewed without a solicitor being prese

Dibbles1972 01/04/2017 at 1:00 am

I had a car accident & had to be cut from my car,back in October. I was coming from a birthday & took my car. I had consumed alcohol. The police came to the hospital a few time to get a statement but was sent away by the Doctor. Now that was nearly 6 months ago. I was just wondering if they'll come back? I was over the limit but apparently it wasn't that bad but I'm still baffled if I'll get another visit?

Ryan. Editor 31/03/2017 at 11:10 am

@Goodman - hire a good solicitor! It's your only option.

Goodman 30/03/2017 at 4:05 am

Over 9 year period ive been charged for drink driving 3 times . What can I do to keep my licence I no longer drink I've grown up . I've learnt my lesson and if I were to loose my licence it would be awful for myself my business and my family what can I do

Adgy 28/03/2017 at 10:06 pm

Was arrested the other day for allegedly drink driving i parked my car on a driveway somewhere and it go5 stuck i left the car then went home but went to pub had five pints of stella on a empty stomach then on way home got jumped and beaten after id got away from attackers i needed to calm down so went for a walk to clear my head and returned to the car to try see if i cud unstick it i tried 2maybe 3 times but no luck got out of the car tuned engine off and the owner of the driveway came out shouting the odds so the police arrived i wasnt in the car but they breathalysed me and i blew 78 and was arrested for drink driving the car was recovered and i was charged when picking the car up from recovery i noticed my windscreen was cracked but the only person who really could of done this was the owner of the driveway any advice ive phoned police and told them and they have checked the police report to see if it was mentioned but wasnt what do i do now

Pippo 12/03/2017 at 7:42 pm

I got stopped yesterday and blew 80. Yes i know i shouldn't have done it

What is the typical outcome, no.previous points on license.

Thanks

Jacqui 12/03/2017 at 12:45 pm

Hi I have been pulled up by the police the other night for drink driving at the road side I blow 65 when I got to the police station my second blow test was 47 I passed my test November last year do you think I will lose my license also I hadn't eating since breakfast

Kyle 08/03/2017 at 5:02 pm

I was waiting in my car to be picked up from the pub was absolutely pouring rain and snow/sleet.I was waiting to be collected and waited in the car with heating on and two police came buy and arrested me, took a breathalyser at the scene I blew 80. Got to police station and they took my blood I have not heard anything and it's been 3 months since.

jobo 20/02/2017 at 12:35 am

I was arrested last week for drink driving, I was sat waiting for my friend, wasn't driving, although my keys were in the ignition. I blew 40 at station and was refused a blood test, the officer admitted he was gutted as he thought I would blow well more, I explained I'd had nothing to eat that day. Was put in a cell for just over an hour then released without being interviewed or making a statement? Will I definately be banned?

stupidgirl 17/02/2017 at 11:16 pm

Hello, it's been over a month since I attempted suicide by drunkenly driving my car into a wall and I still haven't had an appointment for the magistrates, does anyone know how long it takes before I get a court date? it's been nearly 6 weeks I just want to get it over with! Does anyone have any experience of what happens at court? I expect that I won't be able to explain why I did what i did but I just want to know whether I'm likely to go to prison, if so that's the end of my life anyway.

Gabby 15/02/2017 at 7:22 pm

Hello,had an accident a couple of nights ago when officers arrived i was blowing 0.52,then to the police station first one was 0.48 and second 0.42 after that they took me blood stamps, witch of these one will be now proof?if the blood stamp is under 0.80 I'll be charge? Thank you!

Kiz 14/02/2017 at 5:44 pm

Had an accident while driving thought I was fine to drive blew 70 hadn't eaten anything. Got taken to hospital with back pain and had to have blood taken as was not going back to police station. At this point I was then de arrested and NOT put on bail. Can anyone enlighten me on how my situation would pan out ? Many thanks

Susie 05/02/2017 at 12:22 pm

I was not in my car and not driving. My car was parked in a car park. I explained I hadn't driven wasn't going to drive. I was arrested on suspicion of drink driving and wasn't given a breathalyser test. At the station I said I would give a breath test once I knew my daughter (who was with a babysitter) was okay. I was charged with failure to provide a specimen. Why was I not tested at the car park? Why could I be arrested if I was not in the car over 20 ft away from it and asked them to phone my friend to establish she was the driver. I am the vehicle owner

Tiger 01/02/2017 at 7:25 pm

Ultimately, it's irrelevant if you work hard.
Drink drive and you break the law and risk killing someone, end of!!!

Elmopercy 31/01/2017 at 1:09 pm

My boyfriend got stopped in a stationary car on Saturday and blew 75 he told police man he was running the engine to de ice the window the police man said he was going the wrong way up a one way street and arrested him. Due in court on 15th Feb. Wondering what to expect, no previous offences.

TG1 23/01/2017 at 2:07 pm

Same as bongo to a degree. had 4 or 5 drinks in me. Drove at 3am. A guy was randomly out on the middle of a busy 3 lane road. I clipped him. Think another car may of hit him also after me. Guy is dead. Police took no blood or urine sample from me. No cctv, no witnesses. I gave a statement saying i had drink in me & that i may be involved. Investigation still going, a year later & still have my car..
Views or thoughts on outcome or if & what i can be charged with.

stupidgirl 18/01/2017 at 6:11 pm

I recently attempted suicide by drunkenly driving my car into a wall (tried to make it look like an accident for my family's sake), needless to say i didn't die and instead regained consciousness some time later in A&E surrounded by police. I was fully cooperative giving breath and blood samples and the police (whom i might add were very courteous and forgiving) advised me I would be summoned to court but in the mean time I can just contact my insurance to arrange for a courtesy car (my car was a write off). Once I had provided all samples I was just free to leave the hospital?!?!
I spoke to my insurers and obviously my policy was voided as soon as I consumed alcohol so I cannot claim.
My question is what happens now? Will I just receive a letter summoning me to court? Also can I still drive until then? - Not that I have a car to drive. I have no idea, I have been open with my employer of whom I am required to drive for but have been signed sick and am currently under the care of the mental health teams.

EdH Editor 09/01/2017 at 1:59 pm

@Cathy - If your liver isn't metabolising properly it can take longer to break down the unitts. But if you were swaying in an out of lanes and were on your phone, it's lucky you didn't cause an accident - then you'd be facing a prison sentence!

cathy 09/01/2017 at 5:40 am

Incorrect info on charge sheet ask for sample yest blood urine but was refused I will loose my job 46 was highest reading

Cathy 08/01/2017 at 10:44 pm

I was pulled for swaying in and out of lanes at 4am, I was on my phone and had a few drinks, I blew 54 roadside and 54 twice at the police station (they seemed shocked it was exactly the same) I'd only had a couple of glasses of wine and genuinely thought I was ok, I had the morning before just landed from a 10 hour flight I was jet lagged been drinking on the plane I have no idea how much I had drank on the plane as the air hostesses poured the drinks, I had also had 2 codeine tablets in the air as I am a bas flyer and just wanted to go sleep, I don't know if being jet lagged, taking tablets and drinks on the plane could of effected me. Any advise on if they could of? Especially the codeine. Thanks

Blue 05/01/2017 at 6:38 pm

I blew 46 at the roadside.. They took to police was there for about 40mins went on there big machine and blew 48 and second was the same as the roadside one.. Just read on here that I should have been offered a blood and urine test but I was not given that any advice on were I stand

Ramalam 04/01/2017 at 9:19 pm

I've bin charged with drink driving did the road side but wen got bak to the police station could do breath test had cold but tried it loads times bin done before 7 years ago cos I got forced to drive the other person ran off I've never bin in trouble with coppers b4 so wat do i do bin good honest workin all my life this wat I get

scott 30/12/2016 at 3:21 pm

Please help!!!!!!!!!!

I was changing my tyre at the roadside (not in car & keys in my pocket)
police pulled up and enquired what i was doing, then they asked for a specimen of breath. Machine said i blew over. I was then arrested and taken to the police station, when i was required to give 2 breath specimens the big machine at the station was not working and they could not get a reading. they did not ask for a blood sample or urine test. I was released with a court date and no specific reading of my breath test (as machine was not working)

Q1. Is it just a fail or pass criteria at the roadside (as i was not told my breath reading from the test in the police car)

Q2 I was under the impression that they used the lower of the two readings from the stations machine as evidence in court.

Q3 Is the test at the roadside enough to convict me of drink driving

Any advice would be great, thanks

Angry 27/12/2016 at 10:14 pm

So a drunk driver was speeding at up to 100mph through our tiny village in the early hours of Christmas morning was then involved in multiple collisions with parked cars currently the number of cars written off stands at 6 with a further 2 waiting to be assessed, please tell me what the procedure will be to deal with this person

Dontknowwhattodo 27/12/2016 at 3:51 pm

My boyfriend was arrested last night I don't know what for as they couldn't tell me due to data protection but he is on probation what are the chances of him going back to prison my guess is he was arrested for drink driving on a provisional licence i don't know much about this stuff if I ring the station back will they tell me if he will be released today?? I just want him home

TomC 20/12/2016 at 4:05 pm

Hi,

My girlfriend failed the roadside test. She then blew 41 at the station. The police officers let her drink some water and do another test, where she blew 26. She drank the night before and had drank coffee and water before driving. She was pulled around 4-4.30 am. She didn't consume any before immediately driving. Will she have any chance of not getting a record and just getting a caution?

CourtroomAdvice Editor 20/12/2016 at 2:23 pm

Please see gov.uk link here which will tell you the penalties your b/f may incur.

ams 20/12/2016 at 11:16 am

My bf was arrested for UNDERAGE drinking and driving tonight. He was driving for his cousin who was wasted. My bf has no license. He was taken to jail tonight and I was wondering when he'll be released tomorrow when hes sober or if he even will be release??

CourtroomAdvice Editor 01/12/2016 at 12:16 pm

The road side breath test, which is used for officers to decide if they have grounds for arrest or not, can only be relied upon to give an indication of the level of alcohol in the breath, but is recognized by UK courts as being reliable enough to lead to a conviction. Therefore, as suggested in the article, if the breath test at the station resulted in levels between 40 and 50 micro-grams per 100 ml of blood, then you should be offered the opportunity to provide a sample of blood and urine, which it is wise to take. If you were not offered this, it may be wise to seek legal advice in order to see whether you have a case to answer.

whyme 01/12/2016 at 1:52 am

So i was pulled over for no mot, mot was on the car, then the story the next day was a brake light was out it wasn't! The officer asked if i have had a drink my reply was yes, i did the breath test at 2.50 am, i blew a 62 then headed to the police station where i was rushed and not told much what my rights are, i ask for a solictor they said he/she would be with me in 30 mins. No one turned up. My breath test started at 3.40 am within 5 minutes in the police station i did the breath test.I blew to times nothing, then twice again and blown a 41 and secondly a 42. Something that got my attention on this website is if you blow between 40 to 50, you must be told the option to have a blood or urine sample taken for testing.

Can someone please tell me is this 100% accurate because i was never given that option, also the more i did some research into it there should of been 30 questions that i should of been asked. I was asked about 10 questions.

any help and a answer to my previous question, would be greatly appreciated.

Thanks

ssmith 25/11/2016 at 7:20 pm

If you have provided a breath test, are the police able to keep the records of that information that are on the machine? can they log it electronically and use it a evidence at a latter date?

HelpQ 07/11/2016 at 5:23 pm

Hi I had a collision with another vehicle writing off both vehicles the. At the scene I blew under the limit and they arrested me took my blood and breathalised me and I blew over and my charge sheet also says drug related and when I was tested drug test came back as negative, ,can someone help me so I know where I stand please?

Sara 02/11/2016 at 9:29 pm

Hi, my husband told me that he had been caught drink driving, but he is still driving his car... I think he lied to me about being arrested so he can explain the fact that he disappeared for a whole night... What are my options to find out if he really was arrested or if he just lied about the whole thing? Thank you

trooper 31/10/2016 at 7:54 am

1981 or 82 was charged with 38 mls breathtest . 35 limit ? Banned 12 months £ 80 fine . Just found out i should not be charged .. law states between 35 to 40 ml or whatever they cannot charge me .! Do i go to police station for copy of chargesheet . I recall officer saying gnats piss over . Other d.ds cases were fined over double what mine was ! Has that below 40 no charge been in since limits started ? Any FREE advice .

Bongo 12/10/2016 at 10:31 am

Hi I had an accident when I was drunk and crashed my car into another static car,I fled from the scene so police didn't actually mange to breathalyser me! Can they charge me with drink driving if they think I was but have no brathalyser?

Ant 05/10/2016 at 11:03 pm

Hi I recently crashed my car and when police came I blew over 35 so was arrested. When I blew into machine at police station I blew 41, they never mentioned anything about a blood or urine test and I was charged, I'm in court at the end of month, do I have grounds to protect this and possibly keep my licence ??? Thanks in advance.

None 30/09/2016 at 9:02 pm

My court hearing had been put back over four months due to solicitor getting medical info and the PNSI records.I got a 13 month ban last week.I can honestly say there was not enough info taken in to account.I was not in my car when the PSNI saw me.I did say no to a breath test as I was not in my car.I didn't really understand.Is there anything I can do.Many Thanks

bill 24/09/2016 at 1:27 am

i was going to work and had a accident no one else involved except wall, tried to do breathalyser then police took blood 4 hrs later, just had results by them doing bacs, which say was 84, would me been giving morphine and also having accute uti effect my results and would they be right doing it 4 hrs later

Lycan 11/09/2016 at 11:56 pm

How long do you exhale into a roadside breath test?

Lc 07/09/2016 at 11:25 pm

Had a crash. Police breathelised then took to hospital (despite paramedics discharging me). Wanted to take blood but doctor refused. Then wanted urine sample but due to shock from the bad crash I could not produce. I wasn't given a charge sheet but had to sign some forms whilst in hospital. They left me there. Not heard anything since. No idea what my alcohol levels were or what bail conditions are. What's the likely scenario now?

CourtroomAdvice Editor 01/09/2016 at 10:41 am

I'm afraid we cannot advise on this as it is impossible to predict whether you will be charged or not, all depends upon the additional evidence the police can collect.

Rhi 31/08/2016 at 2:08 pm

Hi was on roadside with my mate car was up kerb basically we both said we was driving as was over legal limit I've been released on bail we both said no comment in interview room what will be the outcome can I get charged wasn't in the far didn't have keys on me they was in ignition what evidence do they need car registered to me

Adam Aldridge 16/08/2016 at 6:29 pm

I got pulled over and refused a breathliser test because they wouldn't park my car I'm a safe position. I got took to the police station done another breath test machine read 70 but machine wasn't working properly so they didn't do a 2nd they took a urine test over a hour later. I've been done before for drink driving 5 years ago. Can you give me as much ino as possible please ie . Is it worth a solicitor and what are my chances that my urine test is under?

Al 28/07/2016 at 2:09 am

I am in court on the 10th August for drink driving but during this time between my offence I have lost my driving licence card. Do I need this to take to court with me as if I order one now it could take anything upto 3 weeks.

Plank 12/07/2016 at 9:25 pm

Was breather listed at the police station and blew 42. When I looked at the charge sheet they had spelt my name wrong and got my date of birth wrong. When I asked for a blood test they said they don't do that anymore. Do I have a case to dispute. Thanks

Mike 11/07/2016 at 9:07 am

My 17 year old son has no licence got drunk n stole his grandfathers car n crashed it. He has a court date, do I need to get him a solicitor or will he have a duty solicitor??? We live in South Wales but this happened in Sheffield.

CourtroomAdvice Editor 06/07/2016 at 10:01 am

The Procurator Fiscal is responsible for the investigation and prosecution of crime and for presenting the case for the prosecution. The police carry out an initial crime investigation and submit a report whereby the Procurator Fiscal will consider this report and make a decision whether to take any action in relation to the case. for more detail about its role.

Fred 05/07/2016 at 10:39 am

Have been arrested for drink driving. At station provided 2 breath samples the machine was not working properly and it did not provide a paper read out. I was released with out signing anything or charged. 3 days later the police tell me my case is being referred to proculator fiscal. What d does this mean

Sha 17/06/2016 at 12:06 pm

Hello, I am confused, I was drink driving and stopped by the police, but at that time I was outside of the vehicle. The car is on my dads name, can they still charge me?

Terry 11/06/2016 at 7:30 pm

Hi have a charge sheet for drug driving ( court in three weeks) they did a urine test. I know the legal levels in blood but cant find data for urine..or is it converted ? The amounts on my sheet seem ridiculously high i had only taken one random pill early afternoon i was tested at midnight.

CourtroomAdvice Editor 10/06/2016 at 2:00 pm

You would have to speak with your legal representative regarding this.

Em 10/06/2016 at 12:57 am

Stopped drink driving blew 43 and i have a court date. Im disabled and need my car. What advice can any one give me?

Em 10/06/2016 at 12:52 am

Stped for drink driving, blew 43, got the court date. Im disabled with MS, cant lose my car its the only thing that gets me to socialise out side. What will happenMUG

CourtroomAdvice Editor 07/06/2016 at 10:28 am

You can see more via the link here which shows the maximum penalities that can be given in relation to the drink-driving crime committed.

Shaney 06/06/2016 at 11:29 pm

Hi i crashed my car i have a provisional licence and insured as a learner but my friend has a full licence does this mean im covered

Steph1 06/06/2016 at 9:30 am

Hi my partner was took to Greenock police station for drink driving his ban was up in ten days for last time he drove drunk and got caught again he was giving one year ban and put on community service and probation he got lifted at 4 this morning and now he's not getting took up to court till tommoro. What is the chances he will get am really worried thanks

Gazza 30/05/2016 at 7:54 pm

Hi

I was arrested Saturday night and failed roadside breath test , they took me to station where I tried to do 2 seperate breath tests both of them I could not get long enough breath to complete. They charged me with failing to give breath specimen at station . But didn't do blood or urine test . They put me in cell for couple of hours and then I blew 24 . So surely the only evidence they have is blowing 24 . I was bailed and due to appear in court in 3 weeks . Can anyone tell me where I stand on this case ?

Thanks
Gary

Hannah25 24/05/2016 at 10:38 am

Hi guys just looking for some advice, long story short ...my boyfriend was arrested and sent to prison for causing serious injury from drink driving, this happened over a year ago and The last time I had heard from his insurance was before he went to prison 8 months ago asking him to sign something for us to claim for the car but this would make us liable to pay back all the money they pay... We told them we wasn't claiming for the car and that was the last I ever heard from them. Until this week I had a email asking me to give them his prisoner number and location so the can interview him as the insurance never actually interviewed him... I'm just confused as why they would want to interview him when he's been convicted. I'm wondering if it's so they can trick him into signing the letter saying we agree to pay all the money back ? Or is this just part of the process ! Any advice would be great as I really don't want to cause him anymore stress while he's in prison so don't want to give his information if I don't need to. And also if it's part of the process wouldn't they be able to access his information through the courts rather than contacting me asking me for it ? I just don't want them sending him pushy letters while he's struggling in prison ! Thanks

Del 23/05/2016 at 6:59 pm

Hi I crashed my car last week an failed a breathalyser by the rd side from drinking the night before, I was taken to hospital where I had bloods taken. I rang the police station to ask what I was over but they couldn't tell me. Can I not find out what the breathalizor said.

Annoyed 20/05/2016 at 1:35 am

Hiya, I was arrested last Sunday and due in court on the 25th. Long story short I was out watching the football with my son, my wife couldn't pick up my son after football got bus home annoyed. Got home and had minimum argument with wife, realised her car was behind mine on drive so moved my van 38 yards down street in case she needed to drive (kids emergency). She thought I was drunk driving and phoned the police (she's a solicitor so has duty of care) I have been for a walk and returned to find police at my house which I admitted driving the few yards. The police have checked my van on scene and realised it was flat cold and not been driven, but still had to arrest me on DD as I've driven on a public rd

CourtroomAdvice Editor 19/05/2016 at 12:44 pm

I'm afraid we can't really offer you more advice than your legal representative can. We are only can only give general advice, not specific.

Boy1 18/05/2016 at 6:27 pm

Hi,

I was arrested and charged to court for drink driving.

The lower reading is 40 but I wasnt offered the option of a urine or blood test which is offered to people with readings between 40 and 50 micrograms in breath and considered most accurate, instead i was charged with the offence to appear in court in few days to come.

Kindly advice if:

I have a defence in failure of correct procedure at the police station and if this can stand a chance in court hence a decision in my favour..

What are my option(s)..

CourtroomAdvice Editor 16/05/2016 at 10:35 am

I'm afraid we cannot advise on this, as it is impossible to predict what else the investigation may reveal. The DrinkDrivingLaw page here gives a maximum penalty rundown. However, your legal representative will be able to give you a clearer picture on what sort of punishment you may receive if found guilty of driving.

Mistakes 15/05/2016 at 10:25 am

Hi,

I was arrested in feb for drink driving theft of a car and damages no license and insurance. I am on bail. I gave a statement i was drunk and left the scene as i was a passenger i got into drivers side as i was going to take the blame and drive home as i felt guilty the crash was my fault due to kissing the driver causing the crash (very careless i know) they have done dna on the air bag of course mine is on there but i am concerned as the drivers is not! I assume this is due to his face being on mine at the time of crash. Does this mean i will get the blame?

P.s the theft is due to driver not wanting to take reaponisbility for anything at all. I have lost my job over this :/

CourtroomAdvice Editor 10/05/2016 at 10:39 am

Please see link to Driving Ban - Maximum Penalties for Driving Offences in the UK here which should answer your question.

Jack 09/05/2016 at 1:19 pm

Hi I was pulled over last night for drink driving I failed my first road side blow test.
And back at the station I blow 80 and now have to appear in court on the 30th.
What is the likely outcome?
Thanks

Joe 30/04/2016 at 11:29 am

I'm an asthmatic and I blew 46 at the roadside
On given another breath sample at the station after taken my inhaulers it gave a reading of 50
I was not offered a blood or urine test but I'm being charged with 50
Please advise thanks

Trish 18/04/2016 at 3:52 pm

Yes they can if car warm and you over th limiy

mattwill11 16/04/2016 at 9:14 am

Can a person be charged if the police didn't actually see them driving home drunk but they instead knocked their door half hour after they got home, and they say that someone has called them about me drink driving?

CourtroomAdvice Editor 07/04/2016 at 2:47 pm

They can check which

Ken 07/04/2016 at 9:46 am

How do the public found out if some ones as been convicted of drink driving

Cinders 02/04/2016 at 5:17 pm

I was aressted other night for a argument with a freind i went to get food and back home i parked my vechile oitside mine when i,was arrested police said seen my car going threw the the town and I took a breath test at station about hour and half after went get food they didn't catch me in my car but I was over limit am due in court I got 1 sheet for breathalyzer can I loose my liance ??

Karl 02/04/2016 at 10:13 am

I was charged yesterday for drink driving i blow 81 only been passed my driving a week my car was still on provisional insurance the police did say I tired to leave the scen I was pullin the car over, I had been asleep before I got in the car and just was stressed so went for a late night drive any advice please

Lauris 27/03/2016 at 9:36 am

Morning guys, Happy Easter to everyone. Last night police caught me up sitting in a car and drinking beer. Unfortunately car engine was on, because it was to cold outside. So I did breathing test and I failed, then they took me to Police station, and had to make another 2 tests, which is showed 52 per 100mg (I think I said right). So I failed again, then I spend another 4 hours at police station, at the end of the night, they gave me some papers, whis is says I have a court next month. They let me out, gave me back my car keys, my driving licence ect.
So whats gonna be now? Will I lose my driving licence. Are they gonna put me in a prison?

R 22/03/2016 at 9:27 pm

After drinking a few pints I stupidly decided to go for a drive. I crashed my car going round a roundabout, nothing major just into some barriers but no one was hurt. A witness rang for the police however when they came I was not offered care or if I needed the hospital, is this right? Also I was asked to do a breath test but I have since read that after a crash or an accident you should be asked to give a blood or urine test and not a breath test. I'm just wondering if this could be anything I could use when I go to court?

cliff 18/03/2016 at 6:32 pm

My son drove back from a party in the morning and crashed his car badly. He blew over the limit but was not given a figure but due to his injuries was taken to hospital by ambulance. The police wanted a blood specimen done at a and e and he stayed in hospital for 4 days. He was bailed without charge to appear 4 weeks later at the police station but when he arrived they had no record of accident , no record of car reg and no record of him. He was told to go home and they would get the policeman that stopped him to get in contact.
At the same time of the accident the police took a photo of a funny bumper sticker which said "well driven let my mum know she worries" and tweeted it and it was placed on the itv web page. I complained to itv who removed the photo and the complaint to the police said someone would investigate. We are now 7 weeks on from the accident and no one has got in touch to charge him or anything? Is there a time limit to get charged? he is no longer on bail as that expired 4 weeks after the accident , what advice would you give as he wants to replace car but unsure if he will be contacted?

Bert 11/03/2016 at 8:03 pm

I have been bailed on the condition that I don't drive after consuming alcolhol does that men I can drive into being sentenced

Stu 10/03/2016 at 11:21 am

After being charged driving under the influence I never gave blood as I just couldn't do blood needle thing no way I did offer urine thinking that be OK to do ! but the police never took urine why ??? I m s Lorry driver and thinking I m going to lose my long life dream what can I do ????? Anything ?

Chilli 08/03/2016 at 7:58 pm

My charge sheet States I've been arrested for being unfit to drive through drink. However there is no recording of what my actual reading was.
Do they require this evidence to charge me?

mooot 01/03/2016 at 6:35 pm

i blew under 50 (41) and requested that my specimen be replaced by blood or urine as I was told by the officers who breathalysed me at the station I would be able to . When I requested to do so the Sargent said the law had changed and that this is not an option . Has the law changed and how can I use this in my defence at court?

Kels 29/02/2016 at 6:40 pm

I was blood tested an bailed... The police have forgot to send my sample to the lab... It's now an 8 week old sample, and I have been rev ailed for the third time now... I also still have my sample in my fridge and I looked at having it tested by the place says must be less than 4 weeks old so surly the police lab wnt be able to use it???

CourtroomAdvice Editor 29/02/2016 at 12:38 pm

The police and courts will attempt to determine whether you were drunk in charge of the vehicle by assessing; what seat you were occupying,
what you were doing, where the keys were and whether there was any evidence of you having an intention to take control/drive of the vehicle. Therefore, if you were fast asleep in the back, with the keys in your pocket, you will stand a better chance of the charges being dropped than if you were in the driver's seat, slumped against the wheel with the keys in the ignition.

Loffers 28/02/2016 at 5:29 pm

Last night I couldn't get into my mate's house because he was out for the count. I was supposed to be staying there - I went to my car to seek refuge as it was freezing, charge my phone and try and call him - I called him twice but no answer, 15 minutes later I got a tap on the window by two police who happened to walk by. Charged with drunk in charge.
Is there any good news stories about this? I think the fact I have calls logged to my mate and the fact I might have frozen to death could be a reasonable excuse - hopefully they show some leniency...

yesrtd 26/02/2016 at 7:46 pm

Hello

i have just a one question i've been stop by Police 8 years ago, got Baned for 12 months, 1200 pounds fine, i'v just started do it HGV and LGV+E, do i will get a problem to fined out some work as Profesional Driver ?

Thank you

Jason41 22/02/2016 at 5:44 pm

I had 2 pints thought I was fine to drive got pulled by a police dog handler he was on his own when he breatherlised me is this legal I thought he needs a witness to breathaliser me I can get video footage of him as it was in a petrol station I blown 44 went police station and blown 41 at station thay didn't offer me a blood test or urine test and iv just finished a course of antibiotics saterday morning this happen saterday night ??

jay18 18/02/2016 at 3:13 am

Recently got pulled early hours Monday morning after consuming alcohol but didn't feel drunk but made a big stupid mistake and drove with a provisional licence and no insurance it's my first offence and im devastated as I've never done anything like this before but blew 3 times the limit what would I be expecting in court?

CourtroomAdvice Editor 17/02/2016 at 12:03 pm

Yes. If the Police believe that you could have driving (if your friend threw away the keys and is claiming his/her innocence). If no one has owned up to driving, then the Police will have to investigate and try to establish who was in charge of the vehicle at the time. In other words, you do not have to be sitting in the driver's seat to be investigated and under suspicion of being in charge.

Tommye 16/02/2016 at 8:01 pm

Was in a car as a passenger (behind the driver) the driver reversed into a parked car. Driver threw the keys before the police got to us. All 3 of us were arrested, I am now on bail for drink driving (I blew 80). The other two refused to give a sample. Will I get charged??

Chris 12/02/2016 at 2:59 pm

I was charged in my office of dink driving although police said followed me down motorway A colleague admitted to me they lost me on motorway but obviously knew where I worked. Ten minutes elapsed before they arrived and charged me
Is this a safe conviction because I argue I could have a drink in the office
Before starting shift

Buster 09/02/2016 at 10:36 pm

hi,got breathalysed and arrested,drank couple of normal cans,parked up outside a girlfriends where I was supposed to stay night,went to my mates,not in car ,on my walking frame disabled,just lives round corner,had few,then walked back,fell when going down path onto concrete ,bleeding from head ,hands hurting where I fell,so girlfriend phoned ambulance and police came,thats when they breathalysed me an read caution ,kept asking people if I`d bin drink driving,they said they didn't know,they came to hosp then went,i left after x-rays to hand next morn,now a week after,just been to door taking me to station tomorrow,asking if I could drive there,i said no got flat tyre,so the picking me up and asked me to be sober.got really angry cos someone had pinched my phone,that what led me to have a drink to get courage up to confront person who I know pinched it and occasionally he calls at hers,but was nowhere near car,and ould have stayed at hers ,if not my mates overnight

Rachid 29/01/2016 at 7:07 pm

i got pulled over after going out with friends, i had 2 beers and then 3 small glasses of water after. we were all going to the same house after and they didn't have any taxi money so i offered to take them as i felt fine to drive, i ended up getting pulled over and breathalised, i blew 84 which was completely wrong! when i got to the statiom i did the big breathaliser and i blew 42, i kno the let you off at 39 so it did frustrate me but what can i do because i wasn't 'drunk' driving because i felt sober enough to drive otherwise i wouldn't have taken the risk! i cant afford a lawyer either so i would have to go for legal aid but is there any point because i cant just say 'i felt fine to drive' and thats it. just don't want to be banned for drinking 2 beers, its ridiculous

Aaron 27/01/2016 at 11:03 pm

I blew 43 but Id only had 2 pints and it had been over the space of 3 hours, I wasn't offered the blood test as its been abolished for budget reasons. I have legal aid for the case and they have now told me that they have been rejected applications for expert medical advice!

Will I now struggle to get the conviction dropped and what could i do myself to help the situation I've been told you cant mix legal aid and private is there any other way i can get help

Thanks

CourtroomAdvice Editor 27/01/2016 at 10:58 am

It is difficult to predict without having the full details. Please see link to Driving Ban - Maximum Penalties for Driving Offences in the UK

Tiffany 26/01/2016 at 3:07 pm

My boyfriend had an accident he was driving drunk the police came and took him to police station he had court after one day is it possible he could be in jail he was driving drunk without driving licence.

CourtroomAdvice Editor 18/01/2016 at 10:19 am

It is well known that after drinking it takes approximately an hour for the body to process one unit of alcohol once drinking has finished. Therefore, from its medical information and other criteria the Police will be able to calculate the level of your husband's alcohol intake at the time of driving.

Migs 17/01/2016 at 6:36 am

Husband had a crash, panicked and ran off.... Was breathalised 3 hours later and was under the limit. (37 mg on breath test) He has still been charged as the police have said he was probably over the limit at the time- how can this be proved?

matt 16/01/2016 at 6:33 pm

I blew 42 back at the police station and was charged and also no insurance after a direct debit for insurance was missed. Will lose my job as I drive for a living and with rent and bills to pay stand no chance of not ending up in debt. What are likely outcomes when I go to court?

Qwerty 16/01/2016 at 12:50 pm

I have been charged for failing to provide a specimen for drink driving.

One of the two specimens provided were above the limit and the second specimen I was unable to provide.

What would happen in this case??

CourtroomAdvice Editor 08/01/2016 at 12:20 pm

If the person who called the police had good reason to believe you were about to drive a car while drunk, they can call the police for assistance. As specified in the article, if by this person's information the police suspect you are about to drive a vehicle you can also be stopped and asked to take a drink-driving test. However, the police would have to establish that you intended to drive the vehicle while under the influence, which is more tricky.

Brian78 07/01/2016 at 5:47 pm

Can you be charged with drink driving if someone thinks you have been drinking calls the police and the police show up at your door to breathalyze you

Wayne 07/01/2016 at 1:55 pm

It was christmas eve morning and a lorry from the outside lane clipped the back of my car. Completely wrote my car off. Because it was a road traffic accident I was breathalysed and blew over the limit 41 m.. This is my 3rd ban and have received a 3 year ban. Because I payed alot got my car. I've still decided to go through my insurance for a pay out. Will they come after me for the money if they find out I blew over the limit. I've already rung my insurance and at the time I wasn't banned. Please could I have some advice?

Harrison LLb(Hons) 07/01/2016 at 1:44 am

I'd have a look at the new revised legislation. Deregulation Act 2015, relating to statutory rights to blood or urine tests under the Road Traffic Act 1988.

help! 04/01/2016 at 11:41 am

Was caught in southern ireland drink driving lowest breathaliser reading at station was 50 what will happen to my licence? Have no other convictions been driving for 7 years

Maco 02/01/2016 at 9:23 pm

Wasn't anywhere near my car, was at a gig playing music for 7 hours and my vehicle was parked in the car park supplied by the venue.I had arranged for someone to pick me up. Police were called by the venue and I was arrested and taken to the Police Station. Blew 70 twice and was locked up in a cell. When released was advised that I had top return to the station at a later date when I would be interviewed and given a chance to explain myself. I have a record of my friend calling me at 2.30am and he's willing to give a disposition if required confirming that he was to pick me up. My friend is an ex Police Officer.

ali 22/12/2015 at 9:07 pm

Hi me and my partner left a wedding due to an emergency I was the passenger. We were on an unclassified road the weather was horrendous which the police have also confirmed my partner tried to 3 point turn on this single track used road but we got bogged in and stuck. We were so remote we called 999 for help it took the police 7 hours to find us. During this time due to the stress my partner started drinking some alcohol we.had in the car that we had taken as a gift. When the police found us we were both out the car they breathalysed us but we're both over the limit I was well over as I drank all night my partner was borderline as she never drank that much in the car.

My question is as my partner was borderline they offered here a blood test which she took and the.police sergeant said he has to release us without charge pending the blood results. 18 weeks on my partner has received a citation to appear at court as her bloods were 64 in 100 of blood as we live in Scotland the legal blood limit is now 50 for blood. On her citation it says I the passenger was cautioned and charged with the offence which is blatantly a lie as I was never charged I wasn't even driving. Where do I stand with this as I do not know what to do as I wasn't charged will this help my partner in court the fact the police have fabricated evidence on my opinion,also if they.had charged me why is my partner getting the citation. As I said to my partner I would have received a.charge sheet and been told to appear at court which obviously I didn't get any of the above.

Any help however short the answer is will be greatly appreciated.

Thank you

CourtroomAdvice Editor 21/12/2015 at 11:39 am

It depends upon your level of intoxication.

Stupid22 year old 18/12/2015 at 9:15 pm

Hi everyone .. So I passed my test in November with no minors what so ever. I went to see a friend and was drinking .. I turned a corner too sharp and hit a 2 foot brick fence.. Called the police and was breathelased. Failed that but they said I need to have a blood test, the blood test was about 5/6 hours later.. What are my chances of being charged? Oh my car wasn't too badly damaged, the person who owns the wall didn't want to press charges and the car isn't a write off. This is my first offence ever. The police were quite adamant that I would be charged but we're also quite adamant that I was not completely intixicated in comparison to their usual .. Please help

shav 09/12/2015 at 5:06 pm

I Just got my lisence back and I'm trying to get insurance arranged but one of the questions asks what my breath test was, I suffer from severe anxiety and I was unable to give an accurate test,can you advise what I reply in the insurance quote when asked what my results are? Thanks.

Kj82 08/12/2015 at 9:33 pm

I was arrested after blowing 41 in police car. Was taken to police station where I blew 43. After an hour later I blew 27. I was not offered a blood or urine test at all. Where do I stand? Thanks

Lee 08/12/2015 at 12:37 pm

Have 3 dui precp meds from back injury have Att no booze period thinks I'm going to prison worst injury I had and want to give up with losing a 14yr job surf mental break down help

CourtroomAdvice Editor 07/12/2015 at 2:02 pm

I can't advise what a court may decide, but I have enclosed the official drink driving sentencing guidelines which

Dean 05/12/2015 at 10:30 pm

Got arrested for dd blew 58 at roadside then two 70s at police station and will lose my job if I got banned plus got family commitments that I need my car for first time for this offence is it possible I could keep my license at court and if so wat would I get instead

CourtroomAdvice Editor 02/12/2015 at 1:56 pm

You can see the drink driving sentencing guidelines here.

Jordan 01/12/2015 at 10:47 pm

Blew 80, will I go to prison ?

CourtroomAdvice Editor 26/11/2015 at 11:09 am

Your question is similar to one I answered earlier in the comment line, to which I answered: The officer must have a reasonable suspicion that you either had been driving or was going to attempt to drive a motor vehicle on a public road or public place having consumed alcohol. The police view it that if you did not drive, or were attempting to drive, or take charge of a vehicle, then there is no reason why you would refuse to take a test. If you fail to give a breathe test at the roadside, then you can be issued with four penalty points in your licence, or a 12-36 month driving disqualification, and a £1,000 fine. However, we cannot say what any likely outcome is as it would depend on the circumstances surrounding the request. I hope this helps answer your question.

Dessey 25/11/2015 at 4:45 pm

I was walking across garage forecourt. Towards my car when was asked to a breath test. The reading was 35. Unfortunately I refused second test stupidly. In custody felt very intimidated. So got charged with failing to supply a test. Need to keep my licence as I drive for a living. Please help.

Lala 22/11/2015 at 1:15 pm

I got arrested for drink drinking when I got to the police station I was only breathalised once,I had to blow into the machine I was told I blew 59,and charged I thought you had to do 2 meter reading is this correct,plus I was not giving my print out when I was released just my court date,have I got the right to go back to the police station and ask for them,thank you

Jack 15/11/2015 at 5:51 pm

I drove my car and hit a island in the road the police took me to the station blew over the limit which I'm sure on the slip it said 54 and 53 but my charge sheet says 57, I left the sheet in the cell, my court date is 15th of December, I'm in the first years of my driving what are the likely out comes from previous encounters with this situation, I'm 20 years old and no one is relying on me for my car. I was not interviewed which I know I don't need to because the evidence is there but I just need abit of advise

CourtroomAdvice Editor 12/11/2015 at 12:30 pm

The officer must have a reasonable suspicion that you either had been driving or was going to attempt to drive a motor vehicle on a public road or public place having consumed alcohol. The police view it that if you did not drive, or were attempting to drive, or take charge of a vehicle, then there is no reason why you would refuse to take a test. If you fail to give a breathe test at the roadside, then you can be issued with four penalty points in your licence, or a 12-36 month driving disqualification, and a £1,000 fine. However, we cannot say what any likely outcome is as it would depend on the circumstances surrounding the request.

poo 11/11/2015 at 7:14 pm

can you tell me if I was taken to the police station for dd and on the first blow blew 34 but on the second blow blew 42 would I be charged.
thanks.

D 11/11/2015 at 8:04 am

I was pulled over up the road 10 mins away from my car so not in my car and asked to do a breath test witch I refused to do as I wasn't driving I said and Iv been charged with failing to do a breath test what the Likely out cum

Will 31/10/2015 at 8:31 pm

I blew 131, taken to hospital. Done my homework on this and I do not recall police following right procedure. Definitely wasn't offered my own blood specimen. I have a solicitor in place, he hopes he can get me off on a technicality. What do you think?

CourtroomAdvice Editor 03/11/2015 at 3:09 pm

@Kev @Will - I'm afraid we cannot predict what a court may decide.

kev 14/10/2015 at 5:31 am

My check one was 26mg check two 108mg what will happen?

CourtroomAdvice Editor 09/10/2015 at 2:26 pm

I am sorry to hear this. It may help your case, especially if you have evidence to back up your case. However, we cannot predict how a court may view this.

CourtroomAdvice Editor 09/10/2015 at 11:51 am

We are unable to predict what charges you may recieve. I have included a gov.uk link on drink driving penalties here which should give you some general guidelines.

blood 09/10/2015 at 12:04 am

Ive been sufering from post dramatic stress disorder..and over the last 3 week ive tried to kill my self on more than i occation..i got court 55 over 35...with all thats going on in my life..being on the sick..taking difrent meds every other week along with couclin section...would that make a diffrence to my out come ??? Doctors reports..mental health service reports ???

Kate 08/10/2015 at 3:13 pm

I was charged with excess alcohol I blew 104 microgrammes of alcohol in 100 millilitres of breath I also managed to crash my vehicle I have been bailed to appear I court I have a clean licence and this is the first time in 12 years of driving I have been charged with this type of offence what will happen to me in court?

MW 04/10/2015 at 6:29 am

I was 0.45 on breth test result. I believe I was not offered a blood or urine sample at the station. Can this support a not guilty plea at court or be grounds for aquittal?

CourtroomAdvice Editor 01/10/2015 at 10:44 am

However, if you have had three convictions and have recently been caught again then is serious as it could lead to a custodial sentence. I can only suggest you take some legal advice as I'm afraid we can't predict what a court may decide when other circumstances will be taken into consideration such as evidence of your level of impairment and specific aggravating factors.

greg 30/09/2015 at 8:34 am

I've been caught dd three times and I got on the fourth time last time was four years ago if I'm seeking help with counselling and sessions with giving up drinking Wat would be the likely outcome

CourtroomAdvice Editor 29/09/2015 at 2:47 pm

Please see gov.uk drink driving limit page here, . As specified in the article, 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 or the maximum charge, a prison sentence of up to six months.

Kieran 28/09/2015 at 6:53 pm

I was pulled over for breaking the speed limit had a breath test at the police station it was 46 am I going to get a harsh punishment ?

forest 25/09/2015 at 7:28 pm

the police came to my house and breaherlised me and i was over but i had been drinking when i got home not when i was driving at the station they breathalized me two times and i was 50 i am on bail at present can i be charged for drink driving ? they have me on cctv but i wasnt driving eratically as i had one small glss of wine at my boyfriends

Leissy 24/09/2015 at 7:45 pm

I was breathalysed last sunday due to an anonymous tip. I read 4 on the test and was left be. My questions are, will I now repeatedly get stopped as "routine" and also do the police need just one tip-off to stop someone or does it take numerous reports?

Buts 22/09/2015 at 5:33 pm

I recently got my blood test results back from the police and It was 82. I have to got to court on the 15th October. This is my first driving offence and no points. What is the chances of me losing my license.

Gair 13/09/2015 at 1:37 pm

I have been charged for driving my vehicle exceeding the prescribed limit at 42 microgrammes of alcohol on my breath. The police never asked me for a blood or urine test. Do they have to if it's between 40-50 microgrammes? What action can I take?

CourtroomAdvice Editor 11/09/2015 at 11:50 am

Unless your licence has been seized, then you are free to drive until the date of your court hearing. It is unlikely you will get legal aid for this kind of offence. A drink driving conviction could well invalidate any claim you try to make for injury to yourself or damage to your own car or property. However, insurance companies do remain obliged under the Road Traffic Act to meet the costs of any claim by a third party for injury or damage.

Em 10/09/2015 at 2:28 pm

My Dad was 2mg over the chargable limit, 41 I believe but he was not offered a blood or urine sample at the station. Can this support a not guilty plea at court or be grounds for aquittal?

lrobertw 10/09/2015 at 1:48 pm

If you fail a breath test and are charged and bailed:

A- Can you still drive between being bailed and your court appearance?

B - Is licence and insurance still valid during this time span.

C - Is a solicitor really required?

D - How can I find out about legal aid if a solicitor is needed?

E - Will the car insurance cover damage done by the driver charged with drink driving?

CourtroomAdvice Editor 08/09/2015 at 2:40 pm

I'm afraid we couldn't predict what your sample levels may be.

Francie 07/09/2015 at 9:35 pm

I breathliser 45 and than half an hour later the doctor took a blood sample cd it be near borderline or too much?

CourtroomAdvice Editor 27/08/2015 at 9:57 am

As specified in the article, in the UK, the alcohol limit for drivers is 80 milligrammes of alcohol per 100millilitres of blood, 35 microgrammes per 100 millilitres of breath or 107milligrammes per 100 millilitres of urine. According to the CPS, generally a driver will not be prosecuted with a breath alcohol level of below 40 mg/ml, please see CPS guide for more information here.

CourtroomAdvice Editor 26/08/2015 at 1:07 pm

If the police officer has reasonable cause to suspect that you have committed, or are currently committing, a moving traffic offence, then they can ask you to conduct a breath test. I can only assume that you have either been reported, been caught on CCTV for driving erratically, or have given another reason for the police to suspect you may have been drink driving.

Jan 26/08/2015 at 2:59 am

I got caught drink driving on 25th June, they did the breathalyzer on the road to me and I got 42, They took me to the police station and did 2 more breathalyzer, I got 42 and 35. They said I need to do a blood test so I did it. Im still
waiting for the result that will
come next month on 15tb sept. they said. Can I appeal because it says on your information if you get one lower than 39 they shoulf let you free. Pls give me an advice. thanks

mack 25/08/2015 at 6:29 pm

i had a row with my e partner and walked out drove for 5 minutes parked my car and walked off
Went and bought a bottle of wine
Drunk it in the local park I've just lost my job and my relatIon ship is over and I've lost my house after an hour I walked home the police where at my house and after 20 minutes arrested my and took me to the police station
They then asked me to take a breath test I refused because I did not drink drive I was not in the car I was in my own house is this legal.

Pikey 23/08/2015 at 7:06 pm

Basically I passed my test in January but didn't get a car until Thursday night just gone.. I was insured and taxed for Thursday night and Friday. I then went out on the town Friday night and for whatever reason when I got home I decided to take my car around my block for a spin, I ended up with a tyre hanging off and a neighbors wall knocked down, I admitted to being drunk and driving around the block, I was then arrested and am due at court on 11th September, but I currently still have my license etc.. What will most likely happen on 11th? Thanks.

The son of a god 23/08/2015 at 9:36 am

I was driving the church bus to Sunday service and Edna dropped her cheese and pically sand which on the floor and it rolled under the clutch as it was a baguette, I was unable to change gear or break which caused me to hit a go slow sign, Edna screamed and beryl fell into Betty's lap and hurt her shoulder, now there all suing me, I don't want to tell them that it was Edna's fault as God isn't a grass do neither am I, what can I do.

brad 16/08/2015 at 4:02 pm

I was charged for drink driving this morning after being taken into cutody last night. I am due at court in september I have held my license for over 2 years, what can I expect when I am at court?

Nicky 13/08/2015 at 5:17 pm

Hi, I was in a takeaway and a fight broke out, the Police came searched me and found car keys in my pocket my car was parked outside. I refused a roadside test but gave one in the police station it came back as 54 inn 100 milliters of breath. After getting statements and cctv of me driving and getting out and walking into the takeaway the police charged me with Drink Driving ....It was my first court appearance today my solicitor had advised me to go Not Guilty after he spoke with the prosecutor that he drop the drink drive to drunk and in charge so i get points and other things but not a ban. I am the sole breadwinner of my family and the only driver my work my life is based around a car i work hard never been in trouble with the police and with a clean licence. What would happen if the court found me guilty.........

Your thoughts please ?

CourtroomAdvice Editor 12/08/2015 at 1:51 pm

As the rule stands if a newly qualified driver is given six points or more in the first 24-months of driving they will have their licence revoked and are required to sit another test. However,
driving disqualifications for driving with excess alcohol do not add points to your licence, so unless the magistrate instructed you to re-sit your test, you should have your licence returned.

Georgie 11/08/2015 at 6:31 pm

My friend had someone call the police and say she was drink driving but actually wasn't. The police turned up at her house and breathlised her then arrested her cause the Bonnet was warm. Can they do this?

danielle70 10/08/2015 at 11:29 am

I got caught for drink driving and went to court. I only had my license for around 18 months so thought I would have to retake my test again. However the court took my license when I first when in as I thought but then they gave me it back after they had made there verdict and never mentioned anything about having to retake my test, only mentioned my ban and fine. Does this mean I do not have to retake my test??

rab 08/08/2015 at 9:16 am

I just got charged with drink driving last night and the two readings shown at the police station were 51 and 49. I was not given the chance to supply a blood or urine sample and have been asked to appear in court. Not being given this option. Would that hold up and help me in court?

CourtroomAdvice Editor 07/08/2015 at 11:32 am

I think you are going to have to confess to your friend as he is going to have to try to deal with it directly from abroad by calling the contact details on the letter and explaining the situation. You are likely to get yourself into even more hot water if you attempt to try and salvage the situation yourself.

CourtroomAdvice Editor 07/08/2015 at 11:23 am

This is a tricky question to answer directly and one where you would have to seek professional legal advice over because of the complexities of the issue.

niru 07/08/2015 at 8:07 am

2 years back police cache me for drink and drive near Daira. I will pay 10000 dirham to court and released. Thay will ban 3months for my licence. Then I will go back to India. Now I got a job in Abudhabi. Still my license in police custody. How I will get back my licence ?

Davie12345 06/08/2015 at 7:06 pm

Hi I had a accident a few year back whilst driving under the influence of drink however the case against me was threw out on a technicality. My head is scared for life am I in a position to claim for permanent disfigurement on my then insurance as technically I've not been convicted of any crime.

lee 06/08/2015 at 6:23 pm

i took my mates car keys without him knowing while hes on holiday and i got caught for drink driving ...
my mate is still in holiday for like a month and he dont know about that just got a letter that says his car will be disposed after 14 days .
can someone else get insured on that car just to get it out from the pound so he wont need to pay the charges when hes back
thanks

khany 04/08/2015 at 8:23 pm

I hav been charged for drink driving,but I wasn't driving I was sat in passenger seat of the car and the car was parked up.my mate had Gona inside the house and the police turned up and arrested me. How do I prove to court I wasn't driving cause the officers are saying I was

Kevvy93 03/08/2015 at 1:33 pm

I blew 48 on the machine in the police station this is my 2nd time of being caught but I requested a blood or urine test and they told me they don't do them any more am I in the right for an appeal??

Steve 27/07/2015 at 1:21 pm

I was charged with drink driving, my reading was low on breath test so was asked to provide a urine specimen. But I only provided one specimen which he then split into two so I could have one. Was I supposed to provide two specimens and the first one to be discarded?

CourtroomAdvice Editor 27/07/2015 at 10:02 am

@mrojaMore - I'm afraid we can't answer your question as we are a UK-based site dealing with only UK-law. You would have to seek some local legal advice.

mrojaMore 24/07/2015 at 5:39 am

Hi I been arrested buy the cops I was with my friends sitting in a car so the cops came up I had 2 drinks of beer so the cops said I smell alcohol I said yes I had to drinks so they catch me since 4rm 2012 till now I dnt knw whts happening I can't renew my prdp I'm not working coz I dnt hv a prdp any 1 has a clue wht must I do ...here In south africa everything I jst a mess

ad 17/07/2015 at 9:43 am

Hi, I was caught drink driving last week. I was drinking at a festival but had not drank too much. I felt sober but I had a bit of a mental breakdown (long time coming) and I would have never got in the car if this did not happen. I was having dark thoughts and not thinking straight. I'm currently awaiting counseling. Do I need a solicitor? Can I avoid being banned? What should I expect/do?

CourtroomAdvice Editor 29/06/2015 at 11:04 am

@loula - you can access the general guidelines of what you can expect whichI hope this helps.

loula 26/06/2015 at 8:53 am

I was caught for drink driving at 79 , was at a friends and round corner from home. Stupidly should of left car but drove it home with my child in back (didn't feel drunk as wd never drove) . Police coincidently were doing checks and stopped me. Charged with dd and also with a child. Any idea what will happen at court. This is a first offence.

sandy 25/06/2015 at 12:45 am

Hi I was twice over the alcohol limit and charged in england they took all my english address details and none of these appear on my licence and im due to appear in two weeks to the police station but am living back in northern ireland any ideas people what happens my cheers...

CourtroomAdvice Editor 23/06/2015 at 2:04 pm

@jimmy The 'slip rule' or CPR 40.12— means that if certain particulars or information are wrong, then the courts can correct this in the judgement or order. You could give a solicitor a call to get some further advice. However, I imagine this error will be easily corrected, as the place you were arrested has no real bearing on the amount of alcohol in your blood at the time.

Jimmy 20/06/2015 at 9:30 pm

Can anyone advise me? I was pulled over last week and tested 86 both reading, however on my charge sheet from police, they have the wrong location of where they stopped and breathe tested me. Can anything be done for police putting wrong road of where my offence told place. This is my first offence. Cheers

kate 18/06/2015 at 12:53 pm

hello I was wondering if anyone could help me my partner went out for a few drinks the other night he had 3 points. And new he might be abit over the limit so he choose not to drive home he went back to the car to get he's hoodie out then locked the car . And went to walk home 5mins latter a police officer called him over and said he can smell alcohol on him . My partner said yes I've had a drink but I've only had 3 points then they said was you going to
Drive your car my partner said know I know I might be a little over the limit so I was on my way to walk home then they asked my partner why he was in the car and my partner said I needed to get my hoodie then the police arrested him for drink driving . To me this is insane the police watched him get into he's car then sore him get he's hoodie out of the car then he walked away from the car and they didn't stop my partner intill 5mins after leaving the car and also when the tested he's alcohol levels they can back 49 now I've looked on the net and it says if the aclohol level is between 40-50 then they need to take a blood test or a urine surple which they didn't . The police also got the time wrong when they tested he's alcohol level . now my parter needs to go to court . Can anyone tell me what are the chances of him not getting anything

Bet 17/06/2015 at 10:11 pm

Hi I was pulled over for drink driving in my drive way Garda reak he saw me konk the car which I did because it was just after getting it fixed asked me Was I drinking which I was early in the day but never said that just said ya because I got a fright went straight to gardi station where I was breathlised 3 times because it wouldn't read the dr was called but was unable to take blood off both arms I told the dr that I would take urine test but never said any thing about that went back out signed my name to something never got any copies of anything!!!! I don't no what's going to happen

Caro 15/06/2015 at 5:25 pm

Hi my partner and I was out at the weekend & we got pulled over my partner was driving and got tested he blew 44 he has been done for drinking driving in the past first time got a 12 month ban then got caught again driving on a ban and over the limit and went to prison for 3 months and a 12 month ban. He has to go to caught on Monday what you think will happen?

Seth 15/06/2015 at 1:02 am

Hi,
I was pulled over a breath test and taken to the police station for a breathe test. First reading was 46 and second was 42. I did ask the officer if I could do it again as the reading is not consistent. Officer informed that i can not, i asked if thats all and i cant do anything else ? Officer said NO. Later i came to know that If my reading is below 50 I must be offered a option to take a blood/ urine test. This was not informed to me at all. So do I have chance here ? How do I prove that I was not informes abouth thia option ?

Kindly help me out here . Thanks

CourtroomAdvice Editor 16/06/2015 at 2:57 pm

@Mack - The police must have reasonable cause to suspect he has either been driving, or attempting to drive, or is in charge of a vehicle with alcohol in his body.

Mack 14/06/2015 at 2:05 am

Hi my son was on a camping holiday. He had 2 beers then moved his car.the security guy had a word with him and he left his keys with him and the continued to drink 1.5 hrs later the police turned up and breathalysed him he was over the limit got 60 they took him to police station and tested him again 46..he is mow getting charged for drink driving.can they do this. Considering he wasn't near his car for 1.5hrs and was drinking for that 1.5hrs after he was in the car

CourtroomAdvice Editor 09/06/2015 at 2:31 pm

@beno - It is an offence for a person who has been required to provide specimens for analysis to fail without reasonable excuse to do so. Dependent upon the circumstances, the penalties for refusing a breath or blood test at the police station are courts are likely to impose penalties above the minimum ban for this offence.

beno 08/06/2015 at 9:03 am

hi i was tested at 46 for drink driving
and refused a blood test
i requested to speak with a inspector and was told no
have searched many sites for a law change to no avail
please advise
thank you

Lenny 02/06/2015 at 5:21 pm

I was caught drink driving and had to give a test at the Police station. The only results the gave me was 1.89?

Was does that mean?

Does it mean I was 1.8 times over the limit?

CourtroomAdvice Editor 02/06/2015 at 12:44 pm

@Revbatman - I have included a link here which should help answer your question. I hope this helps.

Revbatman 29/05/2015 at 6:29 pm

I had a drink driving ban of a year from about 2009 to 2010 but if been called for jury duty this year will this effect it ?

Deano2194 27/05/2015 at 10:23 pm

Hi there I crashed my car a few days ago at 4:30 am and after the crash I gave the owner of the parked car my details and he popped in his house and then came back out... About 20 mins past so I went to put my clothes from the car into my mates house and I had a few drinks then to calm down not thinking the police would show and about 2 hours later they showed up and grabbed me on the street as I waited on my taxi home and I blew 53 then went to the station and blew 46 and Iv been charged for drink driving but I was not drunk at the time and I have court in the next two weeks what can I do please help!

CourtroomAdvice Editor 28/05/2015 at 12:45 pm

@Benn - I'm afraid I couldn't answer this or predict what the court will decide as your offences go beyond general drink driving offences given that you had no valid licence, therefore were not insured and you had children on board. Plus, the higher the alcohol reading, the more servere the penalty imposed. I have included a link to drink-driving penalties here which provides a very rough guideline of what you might expect to recieve.

Benn 26/05/2015 at 1:48 am

I was caught drink driving. I had my to young girls In car I hit 6 cars I believe I wrote one off I only have a provisional licence and never been in trouble with police before what's going to happen to me I'v had my girls taken of. Me I read 112 on blower

red 22/05/2015 at 7:55 pm

My partner was arrested last Friday . He wasn't over the limit but had taken illegal drugs. He says once at the police station he couldn't give a urine sample and no blood sample was taken. He was kept in over night. He says he's not facing any charges. His ex wife today told me the police have advised her not to let him put their children in the car and drive. She also says that they have told her that he has been charged with drug offences. I don't know who to believe. Can the police tell her about the charges? Also is there any way I can find out if he's tell me the truth?

CourtroomAdvice Editor 19/05/2015 at 2:32 pm

@Nh - I have included a link to the article, Things to Know When Attending Court: here. I hope this helps.

Nh 16/05/2015 at 1:32 am

I was arrested for a breath test reading of 45 at the road side and the reading at the station was 47 from 4.30 pm until leaving a wedding at 12 am I drank about two and a half glasses of wine I wasn't offered any urine or blood samples and believe I wasn't over the limit I have to go to court on Friday and have never been before and don't know what to do.

CourtroomAdvice Editor 15/05/2015 at 11:49 am

@saz29 - I'm afraid we could not possibly predict this, it will be up to the court to decide.

saz29 13/05/2015 at 6:22 pm

I know someone that was arrested for drink driving they blew 41 on breath test and had no licence or insurance. The thing is they had two under 16year olds in the car. Will this person get sent to prison?

Sarah Editor 09/01/2015 at 2:27 pm

@smithy - no, drink driving is drink driving, if you are over the limit the police will have records. People don't and shouldn't get off with being over the limit because they can be a danger to themselves and others and the law is the law, which you must have known before you got behind the wheel. It's a good job you didn't have an accident, otherwise you could be facing a long prison sentence, so a ban in that respect means you got off lightly.

smithy 08/01/2015 at 11:42 pm

I got charged with drink driving I was given a charge sheet but not a breath analyser print out for my records I didnt ask for a solicitor and can't afford one for court. Can I get the case dismissed cause they didn't give me a printout?

Trigger 24/12/2014 at 11:30 am

A relative was sleeping in the back of her car on the roadside, the keys for the vehicle were in her handbag in the passenger foot well. She was awoken by the police who took her to the police station (without a roadside breath test). She was unable to provide a test at the station on the larger breath test machine (she is on medication for anxiety and depression) - she was not offered any other test. After a couple of hours in the cell waiting for the duty solicitor she was successfully given a hand held breath test (59 was the reading) She has been charged with failing to provide a breath test and appears in court next month. What action should she take and what can she expect please. Thank You.

mike 12/12/2014 at 9:00 am

I got done drink driving on monday.i been driving a year now.my reading was 87.n i was driving to the shop.i was driving 10 miles per hour.how long i gunna be banned for.this is my first..

kaz 03/10/2014 at 8:47 am

U got arrested for drink driving recently my daughter was in the car. When I got to the police station I did a test and blew 34 so not charged what will happen with social services.

Jamiee12922 24/09/2014 at 10:53 pm

Hi
I crashed my car with a passenger in the middle of October of 2013, I was told at the end of November 2013 by a police officer who has nothing to do with the case that I had been charged in the Middle of November, I didn't recieve any paperwork, I wasn't told formally by an officer that I had been charged. It's been 10 months since I was charged and I have been to court but only for a hearing, to be told what I had been charged with and that they would send me another court date. The hearing was in June this year and I'm still waiting. I don't know what's going on, my lawyer doesn't know why it's taking so long either. And I'd like some advice from someone who isn't involved in the case.

emlou1305 09/09/2014 at 6:07 pm

Hi,

I was arrested for drink driving on 08.09.14, I have been granted bail and asked to return back on the 07.10.14. My reading was 47 at 23.56 and was told I would need to give a blood sample. Will I automatically lose my licence? How long do the blood results take to come back? This is my second offence, my first was in July 2009
Thanks

mammawoody 29/08/2014 at 8:55 am

My son had accident in april 2014. At hospital police said that he was 3 times over the limit. Butmy son says he doesnt rremember having a breath test as paramedics said they needdd to get him into hospital asap. 4hrs after accident (in resuscitation) the police doc came and took ablood test..when my son was discharged he went to police station to collect his ppersonnel items and did an interview but was NOT under caution and has never been arrested. At the interview he asked what the breath test reading was at the roadside (traffic police said they had done one) and he was told there was no reading on his file. What should he do as its now been over 4 months

JJBBCC 27/08/2014 at 9:05 pm

I was breathalised after an accident and was over the limit but was not arrested. They then took me to hospital and took bloods from me but I still wasn't arrested! I have now been contacted for an interview now the bloods are back nearly 9 weeks after the incident and have been told that they cannot take bloods if you are not under arrest. Is this true as I have an interview under caution tomorrow night?

Ramm 24/08/2014 at 8:21 pm

And I don't have a licence but got bail ....

Ramm 24/08/2014 at 8:19 pm

Hi I got caught drink driving on Friday I got a fail on breathliser it was 59
I'm due in court on the 8th September what can I expect? And what will be my punishment

CourtroomAdvice Editor 16/07/2014 at 12:13 pm

@pos, when and where were you breathalysed? If the police have reasonable grounds to believe that you were driving the vehicle (or were about to or just had) and have breathalysed as result and you have failed, then yes you can be charged with drink driving.

pos 16/07/2014 at 11:19 am

I would like to know if you can be charged with drink driving if you haven't actually been caught driving the car, but have been breathalysed after you have reached your destination and the police have no proof, just suspect you had driven.

Javier Murillo Garcí 27/07/2013 at 8:57 pm

Hello, i did yesterday 043 ug/100 ml, which will be the consequences?

thx