what happens if you have been caught drink driving?

A motorist's first involvement in the process will come when stopped by the police. A uniformed police officer has power to stop a motorist whom they reasonably suspect of committing a moving road traffic offence.

The motorist will then be required to provide a breath test at the roadside. This is known as the screening test. A uniformed constable is entitled to request a motorist to provide a specimen of breath if the constable reasonably suspects that person is driving or attempting to drive, or in charge of a motor vehicle on a road or other public place and has alcohol or a drug in his body or is under the influence of a drug. The officer also has power to request a breath test after there has been an accident. The screening test must take place at or near to the place at which the motorist was stopped.

A person who fails to provide a sample when requested to do so may be committing a separate offence if they do not have "a reasonable excuse" for not doing so.

If the motorist fails the screening test they will be taken to a police station. The police are required to follow strict procedures when obtaining specimens of breath at the police station or in a hospital (if for instance the screening test has taken place after an accident).

When obtaining a sample, the police must ensure that no alcohol has been consumed in the 20 minutes prior to the test and must use a device approved by the Secretary of State for Transport.

The police will use the machine to obtain two samples of breath from the motorist. The machine must be checked in order to ensure that it is working correctly. The machine will generate a printout. Of the two readings on the printout, the police will take the lowest reading, provided that the two readings are within the defined parameters and there are no errors with the machine.

If the specimen reading is below 50mg of alcohol per 100ml in breath, but above the 35mg legal limit, the motorist has the option to have the specimen of breath replaced with an alternative specimen of either blood or urine. The decision of whether or not to replace it with blood or urine is one for the constable, however he is obliged to consult with a medical practitioner in the event that the motorist puts forward cogent medical reasons why a blood sample cannot be taken.

If a specimen of blood is taken then it must be sent to be analysed by an authorised analyst. The sample cannot be used if it has been analysed by someone who is not an authorised analyst. When dividing the sample of blood, the constable should give the motorist the opportunity to take away one sample to get it analysed themselves.

For more information, please contact Philip Somarakis, a partner in the Motoring Offences team, on 01865 254277; email philip.somarakis@bllaw.co.uk.