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Q413: I know someone who drinks and drives all the time, what should I do?


Answer

You should report the person to the police or if you wish to do so anonymously via Crimestoppers (Please see the Crimestoppers website in Related Information). The information that the police require before they can act is the registration number of the vehicle involved, the person's name, description and if possible the address and details of any regular journeys that this person makes e.g. every Thursday night at approximately 2330hrs B leaves the pub and drives the same route home.

With the information you have provided, the police can then potentially wait for the vehicle somewhere along that route to stop the car.

Related questions


Answer

The only safe limit of alcohol to have in your blood and drive is zero!

It is not advisable to even have one drink and drive as alcohol impairs your judgement and lessens your reflexes. The official amount of alcohol is 35 microgrammes per 100ml of breath reading, this cannot be translated into an exact amount of units as it depends on many factors, height and weight, the time when last drink was consumed etc, so the best advice is not to drink at all or to order a taxi.


Answer

There are three offences that you could possibly be charged with:

  • Drive a motor vehicle whilst over the permitted limit (OPL)
  • Attempt to drive a motor vehicle whilst OPL
  • In charge of a motor vehicle whilst OPL.

The third option may be the most relevant. You must show that there is no likelihood of you driving whilst you are over the limit, otherwise you will commit this offence.

It would depend on the circumstances in which you were found by the police that would determine which if any of the above charges would apply.

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Answer

Sucking a copper coin or chewing gum will have no effect whatsoever on the breath test machine or on the results.

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Answer

Yes, there is an offence of being in charge of a motor vehicle whilst being over the permitted limit. Each case would be judged on its own merits but the officers would be looking at

  • whether you had the keys for the vehicle
  • were you in the vehicle at the time
  • what were you doing at the time
  • whether there was anyone else in or near the vehicle
  • what evidence is there that you were intending to drive the vehicle

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Answer

Depending on the amount of alcohol consumed, you could still be over the legal limit the following morning and even into afternoon. Even if you feel fine and 'sober' it does not mean that you are not still over the legal limit.
 
There is no definitive answer as to when you would be under the legal limit as it depends on a lot of factors. Your body size and other factors in your genetic makeup affect this.

As a very rough guide for a healthy adult, ignoring the first hour you should deduct an hour for each unit of alcohol you consume. A unit is half a pint of normal strength lager/beer, a single measure of spirits or a standard glass of wine.

This is not a rule that should be relied upon but a warning as to how long alcohol can linger in your system and the possible consequences of driving the following day.
If you eat a meal whilst consuming alcohol this does help to soak up the alcohol and release it at a much slower rate (but eating much later after an evening of heavy drinking does not generally help).

However, lack of sleep and feeling unwell can affect your driving and there are other offences that you could commit if you drive after a heavy night out even if you are not over the limit.
You can purchase breathalysers, but we cannot recommend any brand or comment on how reliable they are.

If you are stopped the day after and are over the limit, you are classed as a drink driver and will face the same penalties. Ignorance of the alcohol level in your system is not a legal defence.
 

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Question

Q413: I know someone who drinks and drives all the time, what should I do?


Answer

You should report the person to the police or if you wish to do so anonymously via Crimestoppers (Please see the Crimestoppers website in Related Information). The information that the police require before they can act is the registration number of the vehicle involved, the person's name, description and if possible the address and details of any regular journeys that this person makes e.g. every Thursday night at approximately 2330hrs B leaves the pub and drives the same route home.

With the information you have provided, the police can then potentially wait for the vehicle somewhere along that route to stop the car.


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