What counts as drink driving
A driver is treated as drunk when a breath test finds more than 240 micrograms of alcohol per litre of exhaled air, or a blood test finds more than 50 milligrams per 100 millilitres. For a new driver, a driver under 24 and a professional driver the limit is far lower, 50 micrograms per litre, which is almost zero. Refusing to be tested is also treated by law as drink driving.
What we check in the file
- The breathalyser was working and its calibration certificate was valid on the day.
- The waiting period before the test was observed, and how many breaths were taken.
- The driver was warned and told their rights before the test.
- For a blood test, the chain of custody of the sample and the record of how it was taken.
- Medical conditions and medication that affect the breath result.
The administrative disqualification: the urgent step
A police officer suspends the licence on the spot, before any hearing. That suspension can be challenged by a request to cancel it in the traffic court, and the hearing is set within a few days. This is the stage that decides whether you keep driving while the case runs, so the material has to be ready at once: the report, the device data, medical papers and witnesses.
The sooner the request is filed, the better the chance. Bring the police report and any papers you were given.
Frequently asked questions
What is the penalty for drink driving?
On a first conviction the law sets a disqualification of at least two years, together with a fine and sometimes a suspended prison sentence. For a repeat offence or aggravating circumstances the disqualification is longer and actual prison is possible.
I refused the breath test. What does it mean?
Refusing to be tested is treated as drink driving for every purpose. An argument that the device did not work or that nothing was explained to you has to be raised at the time and recorded.
Can an administrative disqualification be cancelled?
Yes, by a request to the traffic court. The court looks at how strong the evidence appears and at the harm to the driver, for example when the licence is needed for a living. The earlier you apply, the better the chance.
Is a blood test more accurate than a breath test?
It is considered more reliable, but it also depends on procedure: who took the sample, how it was kept and when it was tested. A flaw in the chain of custody can remove the evidence.
Do I have to attend the hearing?
In drink-driving cases the court usually asks for the driver to be present, especially when a long disqualification is at stake.