Drink Driving in Stockport
In the UK, if you are caught drink-driving in Stockport the penalties are harsh. If you are found guilty of drink-driving you could be imprisoned, banned from driving and face a fine if you’re found guilty. If you plan to go out and consume alcohol do not drive. Public transport and taxi services are the best options.
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Can the police stop my vehicle?
If you are stopped by the police and they suspect you have been drink-driving you will be asked to provide a breath test. The police can stop a vehicle for any reason. If you refuse to take a breath test or fail to supply a sample of breath and do not 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. Once you have provided a breath test you will get the result straight away.
If you fail the roadside breath test you will be arrested. The police will take you to a police station where you are required to provide a second sample. If this is positive you will be charged.
The drink-drive limit
The drink-drive breath test limits for drivers in the UK are strict. It does vary for example in Scotland the limit is 22 Micrograms per 100 millilitres of breath. In England, Wales and Northern Ireland the limit is 35 Micrograms per 100 millilitres of breath. For blood tests, the limit in Scotland is 50 Milligrammes per 100 millilitres of blood. In England, Wales and Northern Ireland the blood limit is 80 Milligrammes per 100 millilitres of blood. For urine tests, the limit in Scotland is 67 Milligrammes per 100 millilitres of urine and in England, Wales and Northern Ireland the urine test the limit is 107 Milligrammes per 100 millilitres of urine.
Disqualification for drink-driving
Depending on your offence, you may also be sent to prison for 6 months get an unlimited fine and a driving ban for at least 1 year (3 years if convicted twice in 10 years). If you refuse to provide a specimen of breath, blood or urine you may get 6 months in prison an unlimited fine and a driving ban for at least 1 year.
If you’re disqualified from driving for 12 months or more, you might be able to reduce your ban by taking a drink-drive rehabilitation course.
You’ll need to apply for a new licence after your disqualification ends.
Some individuals are able to retain their driving licences in the case of disqualification by proving exceptional hardship. There is no statutory definition of exceptional hardship, with conclusions being based on individual circumstances in court.
In order to prove exceptional hardship, the consequences of you being banned from driving must be beyond what would be reasonably foreseeable. For example, whilst the loss of a job would not automatically be deemed as an exceptional hardship, the implications that arise from the loss of employment may amount to it.
Defendants are required to present their case in court and will require legal representation. See this article by Motor Lawyers for more information.