Kyah Jordan, 20, … You could drive to a party and sleep in your car before heading back the next day after a hearty breakfast. I have just informed my insurance and answered there questions to what I believe to be honest responses to the questions I was asked. Can I request that I supply a blood or urine test instead of a preliminary breath test? Can the Police carry out random breath tests? Hi Couple of nights ago i had a bit of alcohol at a mates (who didn't drink) and he offered me a lift home and to my car to grab a few things out of my car before taking me home. Once booked into custody; the suspect will undergo the Drink & Drug Driving procedure and it is this procedure that yields evidence that can be used as part of a prosecution. If 10 points would mean that the total number on your licence will amount to 12 or more then we recommend reading our page about totting up. Court hearing/what will the procedure be if I am pleading guilty. Do the police need a reason to stop me whilst I am driving? You should also consider driving the one with the older or weaker battery more often. A red car ended up crashed off the road, near the junction of … What if I am not physically capable of giving permission, have I committed an offence? He was facing a second offense OUI charge. Can I be charged with a drink driving offence if I was not given a roadside test and it took some time to get to the Police Station? The AA - Drink Driving; Drink Aware; NHS Alcohol Support; Questions Can I be arrested if I am sat in my car drunk (over the permitted limit), but not driving? Police officers were called to a report of a man driving while impaired on Carpenters Road, Brading, just before 8.40pm. Can I be charged with drink driving if I am over the limit but just sat in my car? You can change your choices at any time by visiting Your Privacy Controls. Where an individual has driven a motor vehicle and the evidence is sufficient to support a charge under s.4, 5, 5A or 7(6) RTA 1988, a prosecution will almost invariably follow. Where you are satisfied that the defendant ha… got charged for drink driving, but was only sitting in car in a private car park (Asda) no engine running, member of public phoned police to say i was drinking in the car, yes I had a mouthfull, but had been drinking the night before but did not realize I would have been over the legal limit, my court date is for 02/04/2013 also I need a vehicle for my work, never been arrested ever before. You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence. However, section 17 ss (1) (c) (iia) of The Police and Criminal Evidence Act 1984 [2] grants a police officer the power to enter any premises in order to arrest an offender under section 4 (driving, attempting to drive or in charge when under the influence of drink or drugs) or section 163 (failure to stop when required to do so by a constable in uniform) of The Road Traffic Act 1988 [1]. My car was not drivable and i was charged with both drink driving and drunk in charge after a reading of 103. The penalty for being drunk or unfit whilst in charge of a vehicle starts at 10 penalty points and a fine of up to £2500. What if I couldn’t provide a specimen of breath at the roadside as I suffer from asthma? Find out more about how we use your information in our Privacy Policy and Cookie Policy. He was nowhere near his car when he was arrested, and would not have driven home over the limit. (and if he had been he would not have been over the limit). A person driving my car left the scene of an accident and i was found asleep by the police. (I was breathalysed at home) There was a 3rd part involved & I only clipped their car. The offence of drink driving or being drunk in charge of a vehicle can be committed on a "road or other public place". Driving or attempting to drive while above the legal limit or unfit through drink. the case has been to court around a dozen times now and the last time it was up it was adjourned due to innaccuracies in the police statements. This guidance deals with a number of the most serious offences that directly result from or relate to a driving incident and the way in which a motor vehicle has been driven. I recently got charged with drink driving.. By that time, one will hopefully have fallen below the drink drive … What are the maximum penalties for drink driving? What if I refused to give a test because I do not believe that I was in charge of the vehicle? 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