Motorhome woman: my drink was spiked (1 Viewer)

Tootles

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This is how the law reads.

Failure to co-operate with preliminary test FINE : £1,000 maximum BAN: Discretionary 4 pts for 4 yrs

Driving or attempting to drive when under the influence of drink or drugs PRISON SENTENCE: 6 months maximum FINE: £5,000 maximum BAN: Obligatory — 1 year minimum, up to a maximum of 3 yrs * 3-11 pts for 11 yrs

In charge of a vehicle when under the influence of drink or drugs PRISON SENTENCE: 3 months maximum FINE: £2,500 maximum BAN: Discretionary 10 pts for 11 yrs

Driving or attempting to drive with alcohol concentration above prescribed limit PRISON SENTENCE: 6 months maximum FINE: £5,000 maximum BAN: Obligatory — 1 year minimum, up to a maximum of 3 yrs * 3-11 pts for 4 yrs

DVLA Endorsement Code: DR70 (Failing to provide a preliminary roadside specimen of breath)

In practice, the prosecution usually agree not to proceed with this charge if the driver is subsequently charged with a more serious offence after being arrested for failing to co-operate with a preliminary roadside test and are required to provide an evidential sample for analysis. (IE, failure to provide proof of insurance).
Therefore, as I stated in post #55, if your sure you will 'bag' over the minimum drink driving limit, a refusal is by far the easiest option. No chance of a prison sentence, No obligatory ban, much cheaper maximum fine, less number of licence points, and a lower offence code when you come to re-insure if you do get banned.
 

PeteH

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I wonder How many ARE aware of the potential "loophole". Not that I have any intention of driving "over" in any case. BUT I will continue always to maintain that the Level we currently have is satisfactory, and that those who are convicted, after causing Mayhem, be it wrecking cars, property, or Causing Death even, are inevitably several times over. Persecuting the public for having a low level of drink with food, is ONLY ever going to engender resentment and Nothing else.

I already feel that the police focus far to much on "Traffic" and not on "Crime". and the cynic in me would say that`s because the former is the "easy option" the later being the more dangerous, I know there has been exceptions, but too few to break the "rule".

In Humberside, a few years back we had an "officer" who regularly appeared on the lo0cal T-V, banging on about drink drive, and how bad it was etc;. Until he was caught several times over the limit. That`s not a glass of wine with lunch!!. But is a case of "one law for us, one for them" IMHO.

Pete
 
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Tootles, you've left out the offence of refusing or failing to provide an evidential sample at the police station, which is liable to the same penalty as being over the prescribed limit. Also, the other offences are not merely "being under the influence", they are "unfit to drive through ..."

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Oct 24, 2007
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Tootles. As Cavs says you are overlooking the secondary requirement of giving a further sample . In reality the offence of failing to do a roadside test is never used on its own. A possible scenario would be having been stopped for speeding you are required to take a test even though the officer does not suspect you to have consumed alcohol. A refusal to do so would constitute that offence. The liklihood of a refusal from a driver who has not had alcohol is extremely rare .

Your plan for a drunk driver to possibly avoid prison , ban etc is just plain incorrect
 

Tootles

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A possible scenario would be having been stopped for speeding you are required to take a test even though the officer does not suspect you to have consumed alcohol.
Well, if you haven't consumed any alcohol, and the police officer does not suspect that you have consumed any alcohol, then why would you refuse a roadside test?? o_O
Your plan for a drunk driver to possibly avoid prison , ban etc is just plain incorrect
I don't have a 'plan'. Not sure where you got this 'plan' idea from??? o_O I'm just referring to the law, (section 8 of the Road Traffic Act 1988) .
And yes, you can be prosecuted for failing to supply either a sample of breath at the roadside, and failing to provide two samples of breath plus either a blood or urine sample, which of coarse can be proved, and dealt with by a court, however you cant be charged, or found guilty of the following:

In charge of a vehicle when under the influence of drink or drugs

Driving or attempting to drive with alcohol concentration above prescribed limit

Driving or attempting to drive when under the influence of drink or drugs

Or any of the other myriad of offences related to either drinking or drug taking whilst driving. And so technically, your not a drink driver.

Just as a postscript, I have personally never partaken in the drinking of alcohol and either driven or ridden, since the implementation of the Road Safety Act 1967.

 

sdc77

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Reading that, Tootles may have a point, failing to provide gets you less points, just 4
Not really... because you will be arrested and taken to a police station to provide a specimen. . Dr30 applies if you fail to provide there.
Never heard of the failing to take a breath test one being used tbh... (I'm sure there's gong to be an example somewhere) but rest assured. . fail to provide at the roadside and your nicked.

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