How you could be fined £2,500 and lose your licence for drink driving without actually being over the limit
WHILE you might think you're safe to drive after just a few drinks, you don't actually have to be over the legal drink driving limit to break the law.
Police can still hit you with a hefty penalty if they think you're in an unfit state to be behind the wheel after a couple of drinks, regardless of your breathalyser reading.
Most drivers caught intoxicated behind the wheel will end up with a drink driving conviction for being "in charge of a vehicle while alcohol level above limit" (conviction code DR40).
But there's another offence you can be charged without ever failing a breathalyser test.
Police can charge you for being "unfit through drink" (conviction code DR50) if they believe you're a danger on the road.
While officers will usually rely on a roadside test, they will occasionally use their own judgement when deciding if someone is impaired by alcohol.
What is the drink-driving limit in the UK?
- The drink-drive limit differs in the UK depending on if you are in England, Wales, Northern Ireland or Scotland.
- Government guidelines state that the limit in England, Wales and Northern Ireland is 80 milligrammes of alcohol per 100 millilitres of blood, 35 microgrammes per 100 millilitres of breath or 107 milligrammes per 100 millilitres of urine.
- In Scotland the limits are 50 milligrammes of alcohol per 100 millilitres of blood, 22 microgrammes per 100 millilitres of breath or 67 milligrammes per 100 millilitres of urine.
- With just 10mg per 100ml of blood you are 37 per cent more likely to be involved in a fatal road accident than when sober.
If proven guilty, you can be fined up to £2,500, given a minimum 12 month driving ban and even face three months in jail.
Just one unit of alcohol can impair your judgement, make you drowsy or increase your chances of acting irrationally, potentially making you unfit to drive.
You can also face a similar punishments if police deem you to be unfit to drive after taking certain drugs, so be sure to check with your doctor before taking certain medication.
Around 85,000 people are convicted of drink driving offences every year across England and Wales, with more than 600 people killed in accidents where alcohol was a factor.
Mark Tongue, spokesman for Select Car Leasing, said: "It can be tempting, particularly in the height of summer, to enjoy a drink in a nice pub beer garden before heading home.
"But if that drink makes you impaired in any way, even though you may not be above the legal limit, you could still face heavy consequences.
“If you’re feeling unwell, alcohol can make you excessively drowsy. Meanwhile some antibiotics, when mixed with alcohol, can cause sickness and dizziness."
the road laws you need to know
Emma Patterson, Motoring lawyer at Patterson Law, said: "You have a number of potential offences where you can be charged and convicted without being above the ‘legal limit'.
"Police now tend to use the ‘unfit’ charge when they are in difficulties, perhaps, for example, when the breathalyser machine does not work properly, or if somebody fails to give a specimen for analysis.
"And by reverting to the old charge of being ‘unfit’, the prosecutor at court can simply refer to their demeanour when arrested and the standard of driving.
“It tends to be used as a sort of legal backstop."