What is an interview under caution?
In England and Wales, the alcohol limit for drivers is 80 milligrams of alcohol per 100 milliliters of blood 35 micrograms per 100 milliliters of breath, or 107 milligrams per 100 milliliters of urine.
What is the procedure?
If you are stopped by the police, and caught for drink driving, then you will be subject to a breath test at the roadside. If you fail that breath test and you will be arrested by the police and taken to the police station where you’ll be given a further test. If that test shows that you were over the legal limit for alcohol whilst driving they will be retained by the police for a period of time, you will then be charged and summoned to appear before the court. Your car will likely be left at the roadside once you are arrested by the police or maybe taken away by the police to a compound and you will have to pay a release fee to obtain your vehicle.
What are the consequences?
The consequences of drink driving are extremely severe. The maximum punishment that you can receive is £5000 pounds in a fight and up to six months in prison. You will be banned from driving for at least 12 months. You can be banned from driving for up to 60 months depending on the circumstances of your case. The consequences of being caught during driving are also that you receive a criminal record, you may be subject to travel restrictions, and you may lose your employment if you require your license to drive.
Do I have a defense?
It is difficult but possible to avoid a ban if you’re caught drink driving. For example, the police may have made a procedural error and it’s important you seek legal advice if you think the police have made an error. It’s also possible to put forward an argument of what’s known as special reasons. You will still be found guilty of drunk driving. But the court has discretion not to impose a ban. Special reasons arguments maybe an argument such as your drink was spiked.
If you find yourself in the unfortunate position of requiring criminal legal advice, please do contact the team at Chadwick Lawrence.