#Fatal5 – No 3. Drink & Drug Driving

Hi Latchford West

There are 5 main contributing factors to Road Traffic Collisions. These are careless driving, drink and drug driving, not wearing a seatbelt, using a mobile phone, and speeding. 

The third of our explanations explores Drink and Drug Driving. 

The Road Safety Act of 1967 introduced the first maximum legal blood alcohol (drink driving) limit in the UK.  also made it an offence for "A person who, without reasonable excuse, fails to provide a specimen for a laboratory test'. 

Also, in 1967 the breathalyser act was given royal assent. Transport minister Barbara Castle introduced the breathalyser as a way of testing a person's BAC (blood alcohol concentration) level at the roadside. The act stated that the breathalyser device must be one that is type approved by the government. People protested to the introduction of the breathalyser and claimed that it was an infringement of their personal liberties, especially publicans, many of whom claimed impending bankruptcy.

The offences associated with drink driving are Excess alcohol (drive/attempt to drive) and Excess alcohol (in charge). Both these offences come under section 5 of the Road Traffic Act 1988.

There are strict alcohol limits for drivers in the UK. In England, Wales and Northern Ireland, the alcohol limit for drivers is:

The legal alcohol limit for drivers in Scotland is lower in all three categories. 

There is no way to know how much you can drink and stay under the limit, since it can depend on your weight, age, metabolism, the amount of food you've eaten and other factors.

It's impossible to get alcohol out of your system quickly, it always takes time. A shower, a cup of coffee or other ways of ‘sobering up’ may make you feel better but won’t remove the alcohol from your system.

If you've been out drinking, you may still be affected by alcohol the next day and could lose your licence if you drive and are still over the legal limit.

Alcohol affects everyone differently and any amount can impair your ability to drive. The only safe option is to avoid alcohol completely if you’re driving as even ‘just one drink’ could put you over the limit. 

If you’re driving, don’t drink any alcohol at all.

Drug driving

It's an offence to drive with any of 17 controlled drugs above a specified level in your blood. This includes illegal and legally prescribed drugs.

The limit set for each drug is different, and for illegal drugs the limits set are extremely low. They aren't zero to rule out any accidental exposure (eg from passive smoking).

You should always check with your doctor or pharmacist if you're unsure about whether your prescription or over-the-counter medication will affect your ability to drive.

Risks and physical effects

The biggest risk you take when driving under the influence of alcohol or drugs is the risk of causing a collision.

Driving under the influence of drink or drugs is extremely dangerous and can affect your driving in numerous ways, such as:

Alcohol and drugs can also create a false confidence which can lead to an increase in risk-taking behaviour, which puts your life and the lives of others in danger.

Testing for alcohol and drug use

Alcohol

The police can stop you at any time and ask you to take a breath test (‘breathalyse’ you) if:

If you refuse to take a breath test or fail to supply a sample of breath and don't have a ‘reasonable excuse’, you can be arrested. A reasonable excuse could be a genuine physical or mental condition stopping you from giving a sample; in this case you may be required to have a blood test.

The breath test gives a result straight away. If it shows you’re not over the drink drive limit, you may be allowed to go.

If you fail the breath test, you’ll be taken to a police station and given a final breath test. If it’s positive, you'll be charged.

Drugs

The police can stop you and conduct a roadside screening test or a field impairment test, both of which may result in your arrest if:

Officers can test for cannabis and cocaine at the roadside, and screen for other drugs – including ecstasy, LSD, ketamine and heroin – at a police station.

Even if you pass the roadside check you may still be arrested if the police suspect that your driving is impaired by drugs and you can be taken to a police station for further tests.

Penalties

If you're found to be over the drink-drive limit, and/or driving while impaired by drugs, you can receive:

Other problems you may face include:

Penalties for causing death whilst driving dangerously under the influence of alcohol or drugs

If a driver kills someone while under the influence of alcohol, they can be charged with causing death by careless driving while under the influence of drink or drugs (Section 3A of the Road Traffic Act 1988 (as amended by the Road Traffic Act 1991, section 3)). 

The maximum penalty is 14 years imprisonment if the offence was committed before 28 June 2022. If the offence was committed on or after 28 June 2022, the maximum penalty is life imprisonment.

Kind regards 

Stephen Blake 20406

Latchford West