know your (drink-drive) limits

Ministers have been urged to cut the drink-drive limit by nearly half in a government-commissioned report.

Sir Peter North's review for the Department for Transport has recommended reducing the legal limit from 80mg of alcohol per 100ml of blood to 50mg. At present, motorists often find it difficult to know whether or not they are actually over the limit. What exactly does 80mg in 100ml of blood mean? It is believed that a male of average build could drink two pints of regular strength lager before being over the legal drink-drive limit.

However there has been a tendency towards larger measures of alcohol being available and alcohol being stronger, which has meant that it has never been more difficult to identify whether one is or is not near or in excess of the legal drink-drive limit. One of the supposed advantages of reducing the drink-drive limit to 50mg is that it will apparently clarify the position for the motorist. If the recommendation were to be implemented, it is claimed the average male could well be over the limit after drinking just a single pint of regular strength lager.

We believe that further debate is still needed and if the Government proposes to introduce legislation, Parliament will have the opportunity to do just that. If a person may or may not be over the current drink drive limit by drinking two pints, would they be over or under the proposed drink-drive limit if they drank one pint? It depends on a range of criteria, including:

  • the strength of the drink
  • how tall they are
  • how much they weigh
  • their sex
  • how much they had to eat and when
  • how long after drinking they are driving.

Does reducing the limit really add to the certainty? It will certainly not assist the motorist who is caught drink driving the morning after the night before.

Encouraging people to drink less (if at all) before driving, must be right. However replacing one limit with another will not necessarily assist the confused motorist. Parliament has already introduced and supported legislation that enables convicted drink drivers to see a reduction in their driving disqualification if they attend a driver education course. The rationale for this is that drink drivers need to be educated so they know their limits. Whilst some drink drivers are way over the drink-drive limit when caught by the police, others are only marginally over. Therefore, if the Government believes that motorists need education in understanding current drink-driving levels and the effects that alcohol can have on them, will that be made any easier simply by changing the limit? Surely 'before the event' driver education should be considered rather than just 'after the event'

The report also recommends that the current mandatory 12-month driving ban should be maintained for the new 50mg limit. The UK has one of the strictest drink driving regimes in Europe and this would certainly remain the case if the 12-month ban were to remain in force.

There are a total of 51 recommendations in the report. Those recommendations include making it easier for police to identify and prosecute drug-drivers by allowing nurses, as well as doctors, to authorise blood tests of suspects. The report also recommends that police officers should be able to carry out random breath tests at the side of the road. At present, whilst police officers have the power to stop a vehicle at random, the officer can only require a motorist to take a breath test if there has been an accident, if the officer reasonably suspects a moving traffic offence to have been committed or if the officer reasonably suspects the motorist to have actually consumed alcohol.

The report's recommendations have been welcomed by road safety groups and motoring organisations alike although there remains a question mark about whether or not the report will be implemented in whole or even in part. This is because the report was commissioned by the previous Government and the Conservative Party, when in opposition, opposed reducing the legal limit to 50mg. So we will have to wait and see.

View further information on drink driving offences.

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.