What Happens When Stopped for Drink Driving in England and Why You Should Seek Legal Advice
In England, being stopped for suspected drink driving is a serious matter with potentially significant legal consequences. Understanding the process and the importance of seeking legal advice is crucial for anyone facing such a situation.
This article outlines what typically happens when a driver is stopped for drink driving in England and elaborates on why obtaining legal counsel is essential.
1. The Initial Stop
If you are pulled over by the police and they suspect you have been drinking, they will conduct an initial assessment. This may involve a roadside breath test using a breathalyser, which measures the amount of alcohol in your breath. The legal limit in England is 35 micrograms of alcohol per 100 millilitres of breath.
2. Arrest and Police Procedures
If you fail the roadside breath test, or if the police have other reasons to believe you are under the influence (such as erratic driving or a smell of alcohol), you will be arrested and taken to a police station.
There, you will be required to provide two more breath samples in a more complex breathalyser machine. The lower of the two readings will be used to determine whether you are over the legal limit.
3. Consequences of Failing the Breath Test
Failing the breath test at the police station can lead to serious consequences. Depending on the level of alcohol in your system, you could be charged with drink driving. The penalties for drink driving can include a driving ban, a fine, and in some cases, imprisonment.
4. Refusal to Provide a Breath Sample
Refusing to provide a breath sample, both at the roadside and at the police station, is also an offence and can result in similar penalties to those for drink driving. The police do not need to prove you were over the limit to charge you with refusal.
5. Why Legal Advice is Crucial
Seeking legal advice is critical if you are arrested for drink driving or refusing to provide a sample.
Here are key reasons why:
a. Understanding Your Rights: A solicitor can explain your legal rights and the implications of the charges against you.
b. Representation in Court: Drink driving cases often go to court, where having a solicitor can be invaluable. They can represent you, present your case, and possibly mitigate the penalties.
c. Assessing the Evidence: Legal professionals can assess the evidence against you, including the procedures followed by the police during your arrest and testing.
d. Exploring Defences: There may be legitimate defences available in your case. A solicitor can advise on whether any defences, such as challenging the accuracy of the breathalyser machine, are applicable.
e. Guidance Through the Legal Process: The legal process can be complex and daunting. A solicitor can guide you through each step, ensuring you understand the proceedings and your options.
6. The Aftermath and Repercussions
A conviction for drink driving can have long-term effects beyond the immediate legal penalties. It can impact your employment, especially if your job requires driving, and can significantly increase your insurance premiums. Legal advice can also help in managing these broader implications.
Conclusion: Understanding What Happens When Stopped for Drink Driving in England
Being stopped for drink driving in England is a serious matter with significant legal and personal consequences. Understanding the process and your rights is crucial, and seeking legal advice should be a priority.
A solicitor or barrister can provide essential guidance, representation, and support, helping you navigate the complexities of the legal system. Whether challenging the charges or seeking to mitigate the consequences, professional legal advice is an invaluable resource in such circumstances.
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