Of course, there are strict drink and drug driving laws in place to keep everybody safe. This means that anyone who is getting behind the wheel must not register 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.
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:
Being in charge of a vehicle while above the legal limit or unfit through drink
You may get:
Driving or attempting to drive while above the legal limit or unfit through drink
You may get:
Refusing to provide a specimen of breath, blood or urine for analysis
You may get:
Causing death by careless driving when under the influence of drink
You may get:
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:
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:
You can drive after taking these drugs if:
Penalties for drug driving:
If you’re convicted of drug driving you may get:
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:
How to stay out of trouble at the office Christmas party this year
Grievances – Oakwood Solicitors
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Meet the author
Tim Driver has been handling Road Traffic Accident (RTA) claims since around 2007, dealing with both English and Scottish cases. Tim strives to settle his clients' claims on the best terms possible, …
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