A drunk driving solicitor can make an application for the early return of a driving licence after the expiry of the first 24 months if personal circumstances have changed since the imposition of the original penalty which includes the possible loss of employment or illness or incapacity of a close relative.
The current penalties for alcohol related offenses are outlined below:-
The penalty for driving or attempting to drive whilst over the limit is a minimum 12 months driving ban, a fine of up to £5,000 and a possible maximum of 6 months' imprisonment. There is almost nothing that a drunk driving solicitor can do to prevent a driving ban in this situation. The opportunity for a criminal defence lawyer to put forward a 'technical defence ' are extremely limited.
It is an offense merely to be in charge of a vehicle whilst intoxicated without driving or having the intention to drive which could result in 3 months' imprisonment and a fine of up to £2,500 together with a license disqualification.
Refusing to provide a specimen of breath, blood or urine for analysis attracts a similar penalty to driving or attempting to drive whilst over the limit outlined above.
The police can require a sample of breath for analysis from anybody who is driving, attempting to drive or in charge of a motor vehicle on the road or in a public place which includes privately owned land accessible by the public. The current prescribed limit of alcohol is 35 micrograms of alcohol per 100 milliliters of breath which is the equivalent of 80 milligrams of alcohol per 100 milliliters of blood. A request to provide a specimen must come from a police officer in uniform who must satisfy one of the following three conditions:-
1. there must reasonable cause to suspect the commission of a moving traffic offense
2. once stopped a police officer must suspect that the person has consumed alcohol
3. there must be a reasonably held belief that the driver stopped was involved in an accident
If the roadside test is positive or if there is a refusal for whatever reason to give a sample of breath the driver will be arrested and taken to the police station where a second breath test will be requested which if over the prescribed limit will result in criminal charges. There is no point in asking a drunk driving solicitor to attend the police station at this time. There is no right to insist on a blood or urine sample. Failure to supply a breath specimen at the police station without reasonable excuse is an offense that will attract the same penalty as drunk driving. Successful technical defence's are rare however anyone who is genuinely unable to provide a specimen of breath due to health reasons should inform the police officer who is attempting to take the sample.
The author is a well known legal writer and operates www.actusre.us which is dedicated to obtaining personal injury damages for the victims of violent crime from the UK Criminal Injuries Compensation Authority.
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