Caught Drink Driving Without Being Breathalysed

Drink driving is driving, or attempting to drive a vehicle whilst exceeding the prescribed limit for alcohol.

The Road Traffic Act (1988) officially defines it as, "Driving, or attempting to drive, a motor vehicle on a road or other public place, after consuming a quantity of alcohol that the proportion of it within a person’s breath, blood or urine exceeds the prescribed limit."

The current legal limits for alcohol are:

• 35 micrograms of alcohol in 100ml of breath
• 80 milligrams of alcohol in 100ml of blood
• 107milligrams of alcohol in 100ml of urine

In order charge you with drink driving, the police must be able to show that you have exceeded the legal limit. This is done by testing your breath, blood, or urine for alcohol. 

Alternatives to a breath test - how can the police prove drunk driving​

If a breath test wasn't possible at the time that you were arrested, alternative testing can be used in its place to determine the level of alcohol in your system. These include:

1. A blood test: A sample of blood will be taken by the police and sent to a laboratory for testing. This sample should be sent off within one week of being taken, but in busy stations this is rarely the case and a delay can lead to inaccurate toxicology reports.
2. A urine test: a sample of urine will be taken and tested for alcohol. Urine tests are often used as a last resort by the police, as the results can easily be inaccurate or misleading. Urine tests pose additional problems for the police too. This method of testing is much more uncommon, meaning officers are less proficient with the process and mistakes are easily made.

Unlike a breathalyser test, the results for both urine and blood tests must be sent off to official laboratories to be analysed. At the moment, results are being returned at around 12 weeks. Sometimes, much longer. Until the official results are received, you will be released from the police station or hospital. The police cannot charge you with drink driving and, in most cases, you can continue to drive as normal. In theory, yes. 

Driving whilst unfit through drink

There is also an offence which is know as driving whilst unfit through drink. This is found under section 4 of the Road Traffic Act. The police are required to prove that your driving was impaired through alcohol. A Fitness Impairment Test (FIT) is used by the police (often in police custody where there is CCTV) to establish whether someone is impaired. The test is a pass or fail based on numerous exercises which are instructed by an officer. This could be standing on one leg for a period of time, counting back from 30 or touching particular areas on your face with one finger.

Of course, a breathalyser is generally used to establish whether someone is over the legal limit for alcohol, so is not a necessity for a driving whilst unfit allegation.  

You may know by now that drink driving carries a mandatory driving disqualification. This means that you will be banned if you are convicted of the offence. The only way of avoiding a driving disqualification despite being convicted is by using a special reason. The length of your driving ban depends upon your level of alcohol. So, in cases involving higher alcohol levels, the ban is longer. The minimum driving disqualification is 12 months. The court can also impose a fine, community service or custodial sentence. Take a look at the guidelines below.

Drink Driving Sentencing Guidelines

If you have a previous drink or drug driving or failing to provide within the past 10 years the minimum disqualification is 3 years. The Drink Driving Rehabilitation Course will reduce the length of ban by 25%.

FAQ - Sentencing Guidelines 

1. Can I pay a higher fine to avoid a ban?
   No. The fine is means-tested and depends upon your income. It is usually around 100-150% of your net-weekly income. If you plead guilty at the first opportunity you would receive maximum credit on the fine. The maximum credit is one-third. Credit does not apply to the length of the disqualification.
   

2. I'm a carer for a family member. Will the court let me keep my licence?
   No. There are no provisions allowing a convicted drink driver to keep hold of their licence as a carer. Drink driving has far reaching consequences and will no doubt affect the people close to you. The court cannot take this into account when sentencing.

3. My friend got a 6 month ban for the same offence. Can I get a 6 month ban?
   No one can receive a 6 month ban for drink driving. The only exception is where the court finds special reasons. If you are convicted of being drunk in charge the court could impose a 6 - 12 month disqualification. This is only in the most serious drunk in charge offences. 

4. Will I go to prison?
   Going to prison for drink driving is unlikely. Only in the most serious circumstances will a person receive a custodial sentence for drink driving. The odds are greater if a person has a relevant previous conviction or if there were serious aggravating factors.