Driving under the influence of alcohol or drugs is a serious offence that has significant legal, safety and personal implications. Despite widespread awareness campaigns, many drivers remain unclear of the legal limits.
At Evan Moore Solicitors, this month’s blog looks at the legal limit for driving under the influence of alcohol or drugs. For more about our services, call our solicitors in West London on 0208 0900 806.
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Drink Driving
The legal alcohol limit in England, Wales and Northern Ireland for driving is:
- 35 micrograms of alcohol per 100 millilitres of breath
- 80 milligrams of alcohol per 100 millilitres of blood
- 107 millilitres of alcohol in 100 millilitres of urine
If you have tested positive for alcohol, you will be arrested and taken to custody.
If you have provided a specimen of breath over the legal limit, you will likely be charged at the police station. For cases where blood or urine sample has been taken, these will need to be sent off for analysis. If this is the case, you are often released under investigation. This means you will receive either a court summons or a notice of no further action, depending on the results.
However, if you fail to provide a blood sample due to a phobia of needles, you will need to provide evidence of your phobia via your medical records.
Drug Driving
It is an offence to drive with any of the controlled drugs above a specified level in your blood, including illegal and legally prescribed drug. Each drug limit is different, with the illegal drug limit being extremely low.
If you have been stopped by the police on suspicion of drug driving, you will need to provide a sample. If the drug swipe is positive, you will be arrested and asked to provide a further sample of breath, blood or urine.
The Difference Between Drink & Drug Driving Charges
Driving with excess alcohol and drug driving are separate offences but charged in the same way. If you are found to be over the legal limit after evidence is provided, you will be charged and need to attend court.
The more alcohol that is in your system, the more serious your sentence is. However, once you have exceeded the specified limit for controlled drugs, there is no difference to the charge or sentence.
What if I’ve Been Spiked?
If you have been caught drink driving because your drink had been spiked, you can still be charged. This is because you are technically guilty of driving while over the legal limit.
However, you can plea in mitigation but will need to prove that your drink was spiked and that you would not have been over the limit had this not have happened.
If You Need Legal Help Contact Evan Moore Solicitors
Contact us to find out more or to arrange a consultation with an experienced solicitor.
Contact Evan Moore Solicitors
At Evan Moore Solicitors, we specialise in assisting with motoring offences. For more information, call us in West London on 0208 0900 806. You can also send enquiries via our contact form.
