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The current limit is:
35 microgrammes of alcohol in 100 millilitres of breath;
80 milligrammes of alcohol in 100 millilitres of blood;
107 milligrammes of alcohol in 100 millilitres of urine. |
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The minimum punishment, if, in exceptional circumstances a driving ban is not imposed, is between 3 and 11 penalty points.
However, a ban is mandatory except in extreme circumstances and would normally be for 12 months on readings of 55 ug breath / 124 mg of blood or 170 mg of urine. |
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If the Court takes the view that an offence is "so serious" that it can only be adequately punished by way of a prison sentence, then the Defendant can be sent to prison, even on the first offence.
Clearly, "so serious" will depend upon the circumstances of the incident and the alcohol reading.
Custodial sentences would normally be considered at readings of 116 ug breath / 265 mg of blood or 355 mg of urine.
At levels of 86 ug breath / 196 mg blood / 261 mg urine, community service is an option but at lower levels, the ban will range from 12–36 months. |
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| Any previous offence within 10 years will result in a disqualification of at least 36 months. |
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| Although this may effect the duration of the disqualification, it is most unlikely that it would result in a ban being avoided. |
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It is important that at the hearing, the most compelling mitigation is put forward so it makes sense to obtain legal advice/representation.
The duration of any disqualification is at the discretion of the Court and the information above is a guideline only so quite often, benefit can be obtained by putting forward a strong case.
Additionally, the Court does have a discretion to reduce a disqualification by 25%, but it is at the
Court’s discretion and not automatic. |
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| The conviction will be valid for 10 years and can be removed from your licence 11 years after the event. |
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Drink Driving Law - Free Specialist advice for all offences ....
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