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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64722
Experience:  Over 5 years in practice.
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i have been charged with drink driving with a reading of 43

Resolved Question:

i have been charged with drink driving with a reading of 43 micrograms of alcohol in 100 ml of breath. I had drank one pint of beer as a birthday celebration before leaving work but did so on an empty stomach. What can i expect to receive in the form of a ban and/or fine at court?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Is this a first offence of this nature?
Customer: replied 1 year ago.

It is the 2nd. the first offence was about 12 years ago

Expert:  Jo C. replied 1 year ago.
Thanks.

Have you been offered the blood test? Normally for readings under 50 they would bail you back to the police station for the blood test.
Customer: replied 1 year ago.

They offered me the blood test while I was at the station, yes. I declined this though as I was worried this would cause me to vomit.

Expert:  Jo C. replied 1 year ago.
OK.

How about urine?
Customer: replied 1 year ago.

it was offered. I declined again. I did have a change of heart after I was put in the cells due to a comment made by an officer at the desk. He said " He should have took the blood or urine test. He would have kept his licence for 8 weeks, now it'll be gone in 3" I didn't feel I was given enough info at the time to make a decision. I thought the intoxometer would be accurate enough.

Expert:  Jo C. replied 1 year ago.
No problem. I know that being arrested is intimidating if you are not from a background where it happens all the time.

In any event, if you blew 43 mg then the punishment would be a ban of 12 months and a fine. The limit is only 35 and nobody is every charged unless they blow more than 40 mg. You are only just over the limit. They could only justify giving you the minimum.

If you do the drink driving course then the ban period would be reduced to 9 months.

Can I help further?

Jo
Customer: replied 1 year ago.

I am extremely dependent on my car to get me to my place of work. I also have a wife and 3 young children to support. Would the court show any leniency, taking this in to account?

Expert:  Jo C. replied 1 year ago.
I am sorry but they cannot do that.

There is no exceptional hardship test with drink driving. If you are convicted of drink driving then a ban is mandatory.

The only thing they could do is reduce the fine but you woud only be facing the minimum anyway.
Customer: replied 1 year ago.

I will take up the awareness course to help reduce the ban and increase my knowledge of what I have done. Would I be able to apply for my licence back any sooner than 9 months?

Expert:  Jo C. replied 1 year ago.
No, I am sorry.

The minimum is 12 months but the ban reduces by one quarter if you do the drink driving course.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64722
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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