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News & Knowledge » New Year’s Eve: 5 driving laws you need to be aware of this festive season
New Year’s Eve is upon us and that means party-goers will be going out and getting merry to finish off the year.
But, although the festivities are a great way to celebrate, you should have a think about how you’re getting to and from the event before you head out for the night.
If you need to drive to get to your New Years celebration, you might want to plan your travel logistics. Taxis can be hard to come by on New Years Eve and can be expensive so make sure you plan or book in advance to resist any temptation of jumping in your car after a few drinks.
If you’re going out with a group of friends, maybe allocated a designated driver, or opt not to drink yourself to ensure you get home safely.
Police forces have issued warnings stating that there are ‘no excuses’ for drinking under the influence of drink or drugs, and Christmas drink drug driving campaigns have been launched to stop devastating car accidents this festive period.
West Yorkshire Police has said members of the public are encouraged to do what they can to keep the roads safe this Christmas by reporting anyone they suspect of regularly driving under the influence of drink or drugs.
Chief Inspector James Farrar, Head of the Roads Policing Unit explained that the consequences of drink or drug driving can “include a fine, a driving disqualification or even a prison sentence.’
“But most importantly the outcome could be having to live with the knowledge that you have seriously injured, or even worse, killed an innocent person”
“My officers are experts in spotting the signs of people driving under the influence and will be relentless in continuing to stop every driver they suspect may be doing so,” he said.
There are strict drink and drug driving laws in place to keep everybody safe all year round. This means that anyone who is getting behind the wheel must not have any more than 35 Micrograms per 100 millilitres of breath in England. If a driver is seen to be driving over the limit, they could receive an unlimited fine, face 6 months imprisonment or be issued a driving ban.
However, under the Highway code, you could face being charged even if you aren’t driving behind the wheel. Some partygoers might decide to leave their car parked up and get a taxi home. But, the law says that if you are ‘in control’ of the car while over the limit you could still face charges.
This could mean that you have popped back to the car to drop off a coat, or you’re stood next to the car while you’re over the limit and could face charges. Equally, if you decide to sleep off the booze in the back of your car instead of heading home you could also face charges as you are still ‘in control’ of the vehicle while you’re over the limit.
Drivers have also be warned of tucking into liqueur chocolates or alcohol soaked food items if they are driving home, as the alcohol can show up on a breath test – indicating that you are over the limit.
Drink Driving Laws UK – what the rules say
There are strict limits in place that drivers need to adhere to. According to the government website, exactly how many drinks per person will vary from person to person based on their weight, age, sex and metabolism and the rate your body uses energy.
The type and amount of alcohol can also affect your alcohol levels, as well as what you have eaten and your stress levels at the time.
The government website states the drink drive limit in England is as follows:
Micrograms per 100 millilitres of breath – 35
Milligrammes per 100 millilitres of blood – 80
Milligrammes per 100 millilitres of urine – 107
Penalties for drink driving
Being in charge of a vehicle while above the legal limit or unfit through drink
You may get:
- 3 months’ imprisonment
- up to £2,500 fine
- a possible driving ban
Driving or attempting to drive while above the legal limit or unfit through drink
You may get:
- 6 months’ imprisonment
- an unlimited fine
- a driving ban for at least 1 year (3 years if convicted twice in 10 years)
Refusing to provide a specimen of breath, blood or urine for analysis
You may get:
- 6 months’ imprisonment
- an unlimited fine
- a ban from driving for at least 1 year
Causing death by careless driving when under the influence of drink
You may get:
- life imprisonment
- an unlimited fine
- a ban from driving for at least 5 years
- an extended driving test before your licence is returned
You will not automatically get your licence back if you’re a high risk offender.
Other problems you could face
A conviction for drink-driving also means:
- your car insurance costs will increase significantly
- if you drive for work, your employer will see your conviction on your licence
- you may have trouble travelling to countries like the USA
Drug driving
Equally, drivers can get into trouble with the law if they are caught driving after taking drugs. These could be legal or illegal drugs if they make you unfit to drive. You could also get in trouble if you have certain levels of illegal drugs in your blood (even if your driving hasn’t been affected).
The police can stop you and make you do a ‘field impairment assessment’ if they think you’re on drugs. This is a series of tests, for example asking you to walk in a straight line. They can also use a roadside drug kit to screen for cannabis and cocaine.
If they think you’re unfit to drive because of taking drugs, you’ll be arrested and will have to take a blood or urine test at a police station. You could be charged with a crime if the test shows you’ve taken drugs.
Prescription medicines
It’s illegal in England, Scotland and Wales to drive with legal drugs in your body if it impairs your driving. It’s an offence to drive if you have over the specified limits of certain drugs in your blood and you have not been prescribed them.
Talk to your doctor about whether you should drive if you’ve been prescribed any of the following drugs:
- amphetamine, for example dexamphetamine or selegiline
- clonazepam
- diazepam
- flunitrazepam
- lorazepam
- methadone
- morphine or opiate and opioid-based drugs, for example codeine, tramadol or fentanyl
- oxazepam
- temazepam
You can drive after taking these drugs if:
- you’ve been prescribed them and followed advice on how to take them by a healthcare professional
- they are not causing you to be unfit to drive even if you’re above the specified limits
Penalties for drug driving
If you’re convicted of drug driving you may get:
- a minimum 1 year driving ban
- an unlimited fine
- up to 6 months in prison
- a criminal record
Your driving licence will also show you’ve been convicted for drug driving. This will last for 11 years. The maximum penalty for causing death by careless driving under the influence of drugs is life imprisonment.
Other problems you could face
A conviction for drug driving also means:
- your car insurance costs will increase significantly
- if you drive for work, your employer will see your conviction on your licence
- you may have trouble travelling to countries like the USA
Further reading
Uninsured and Unidentified Driver Claims – Oakwood Solicitors
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