two cheers for the Association of Chief Police Officers

Deputy Chief Constable Suzette Davenport of the Association of Chief Police Officers (ACPO) has suggested that the legal drink drive limit ought to be cut to zero.  Her view is that this would drastically reduce the number of people killed or seriously injured on our roads each year.  This comes only a short time after the Government rejected the recommendation in the North report that the legal drink drive limit be reduced from 80mgs of alcohol in 100ml of blood to 50mg/100ml.

DCC Davenport was speaking as ACPO launched its Christmas anti‑drink driving campaign.  Blake Lapthorn's Motoring Offences team has already advised drivers to avoid alcohol at all occasions not just Christmas parties, where driving is envisaged, in particular the morning after the event.

The question is whether or not the legal drink drive limit ought to be cut to zero.

Everyone is in favour of safer roads.  Alcohol impairs a person's ability to drive and makes them a more dangerous motorist.  The issue is therefore how to stop people drinking and driving. 

In our view reducing the drink drive limit would help to make the position clearer for motorists.  If the legal drink drive limit was reduced to 50mg/100ml of blood, or better still 10mg/100ml in blood, then all motorists would know that if they drank an alcoholic drink then they would be running the risk of being over the legal limit.

Everyone knows what happens if you are convicted of drink driving or related offences; the disqualification is mandatory and that ban will be for at least 12 months.  In addition you will be fined, required to carry out a community penalty or in the most serious cases could be sent to prison.  The punishments are well known – so it is not ignorance of the consequences that leads people to drink and drive.  Ignorance of the legal drink drive limit is a factor in our view and so a lower, clearer, more understandable drink drive limit would assist in reducing the number of people who drink and then drive.

So why not reduce the legal drink drive limit to zero?  As we suggested last week, everyday items such as mouthwash do contain alcohol.  If a person were to be detected with such limited alcohol in their system then under the present guidelines they too would be disqualified for at least 12 months.  That in our view would be unfair and would undermine people's respect for and confidence in the law.

So whilst we applaud DCC Davenport's intentions, the fact remains that a zero limit would be neither workable nor command the respect of the public.

However it is always useful to look at this important issue and we wholeheartedly support a reduction in the legal drink drive limit to something approaching zero.  We re-iterate our advice to all motorists to avoid drinking altogether where driving is envisaged.

For more information please contact Tim Williamson, a solicitor in Blake Lapthorn solicitors' Motoring Offences team in Oxford on 01865 253286 or tim.williamson@bllaw.co.uk.