Re:Drink Driving (Posted on: 2010-06-23 18:18:15)
The current prescribed limits under Section 5 Road Traffic Act 1988 are:
35 micrograms of alcohol in 100 ml of breath
80mg of alcohol in 100 ml of blood
107mg of alcohol in 100 ml of urine
Although a recent government report recommends cutting the blood-alcohol limit for drivers from 80mg to 50mg of alcohol per 100ml of blood (bringing the UK into line with most EU countries).
The police will have obtained two samples to be analysed and which must exceed the limit before theu should proceed to charge the driver with an offence of driving or attempt to drive a motor vehicle on a road or other public with excess alcohol - prescribed limit under Section 5 Road Traffic Act 1988. This is the usual \'drink driving\' offence.
What you have heard is true for the alternative charge known as \'drunk in charge\'. This is an offence Under Section 4 Road Traffic Act 1988 and in this case the driver does not have to be in excess of the prescribed limit for a driver to be charged and successfully prosecuted.
|