At present the UK legal limit for driving with alcohol in the breath is 35 micrograms of alcohol in 100ml of breath. Prosecutions are normally only brought when the reading is 40 or over. There are different quantities for blood and urine which are sometimes analysed.
The Police can use a method called back calculation to work out what the reading would have been at the time of driving.
If you are involved in an accident or the Police suspect you of having been drinking then you can be asked to provide a screening test in a handheld device. If you fail this or one is unavailable you can be taken to a Police Station and placed on an intoximeter that provides an evidential reading of what alcohol you have in your breath.
If you blow between 40 and 50 in breath you should be given a ‘driver’s option’ to replace that reading with either blood or urine. The Police decide which it should be after listening to any comments you may have. The sample is split into two and you are given the option of having yours independently analysed.
If you decide to do this you need to act quickly as the sample will deteriorate. Keep the sample refrigerated and contact us immediately. You are then bailed to return to the Police Station after that sample has been analysed.
Access to a lawyer in these cases is often limited to speaking to a lawyer from CDS Direct – a government advice line only available in the Police Station. They will be unable to take on your case. Only if the Police intend to interview, will you be able to ask for representation. Contact us to arrange for representation at the Police Station.
How we can help:
In the Police Station:
- Find out what evidence there is against you
- Advise you on how to conduct your interview
- Discuss the Driver’s Option with you and arrange independent testing
- Apply for bail
- Investigate defences and special pleas
- Prepare for your Court hearing
- Advise you on what plea to enter
- Advise you on proving your defence or special plea
- Obtain expert reports for post driving consumption and laced drinks cases
- Explain all of your options and discuss defence tactics to manage your case to your advantage
- Advise you on what to expect
- Represent you in Court
When you are released:
