Solicitors in Swansea.

There are a huge amount of road traffic offences on the UK law books. Of all the offences the most famous offence is drink driving. Anybody who goes to the pub and has a drink whilst bring their car likes to think that they know the ins and outs of drink driving laws. Alas this is rarely true! Read below for the realities.

When can the police require a breath test ?

Those falling under this category could be someone driving or attempting to drive a motor vehicle or anyone in charge of a motor vehicle in a public place. The police may request a breath test in any of these circumstances. The prescribed limit of alcohol is 35 micrograms of alcohol per 100 ml of breath.

The officer must be the person who makes the request and does not have to be in uniform. He does however have to be in uniform to administer the test.

The officer can only request a breath test if he/she has reasonable cause to suspect that you have committed a moving traffic offence or if the officer has reasonable cause to suspect you have consumed alcohol (and are in charge of a vehicle).

Can the police stop your car and require you to take a roadside breath test if you are just driving without giving a reason to suspect you consumed alcohol ?

The police are entitled to arbitrarily stop your car but they cannot insist on a breath test unless they reasonably suspect you have committed a driving offence, consumed alcohol or believe that you may have witnessed a traffic offence being committed.

What if you refuse or cant take a necessary sample, or the roadside test is positive ?

In any of these scenarios you will be arrested and taken to the police station. Upon reaching the station you will be asked to provide two specimens of breath. If you do not provide a sample you will be charged with an offence unless you have a medical condition which prevents you from supplying the breath sample. Once a sample is provided the lower reading is the one the police must rely on. If both readings are above the prescribed limit you will be charged with having committed an offence.

It will not be possible for you to insist on supplying a blood or urine sample instead.

The police may request a specimen or blood or urine instead of a breath test only if there is no working automatic measuring device; the offence involved drugs and the police officer has been medically advised that you may be under the influence of drugs; the police officer has reasonable cause to believe that breath samples should not be taken for health reasons.

If my licence is banned can I get it back before the end of the ban ?

If you have been disqualified for more than 2 years you will be able to apply to the court after 2 years to lift the remaining time. The conditions required are that you have not committed further road traffic offences during the ban and there is good reason for the return of the licence.