Driving with Excess Alcohol

Most people who are charged with drink related driving offences are charged with driving or attempting to drive after consuming so much alcohol that the proportion of it in his or her breath, blood or urine exceeds the prescribed limit under section 5 Road Traffic Act 1988.

It is always important to remember that if you have found yourself in a custody suite to recall and record as much detail of what has been done and said as possible. If the custody staff and Intoxilyzer operator have not completed the procedure correctly it may lead to the court not proceeding with the conviction.

Most straight forward excess alcohol convictions follow the arrested person providing a sample of breath on a government approved device. The breathalysers in police stations are usually either the Lion Intoxilyzer 6000 or the Intoximeter ECIR. Once the sample has been provided, if it is above the legal limit of 35migrogrammes (mgs) the Crown will be seeking a conviction under section 5 RTA 1988. If the reading is under 40ugs the Crown Prosecution Service will usually not proceed with the charge.