Why “The Luck Of The Irish” Could Land You In Hot Water on St Patrick’s Day!

Speaking as a descendant of a grandfather born and bred in Dublin, I love the merriment that comes hand in hand with St. Patrick’s day. However, there is something about the Irish day of celebration that often gets people in the mood to overdo it on the  Guinness or tipple of choice.

At Geoffrey Miller Solicitors, we frequently speak to people the morning after the night before when the partying is long over and some have far more than a headache to contend with.

Comments such as “I never thought it would happen to me” or “I only had two pints, I really didn’t think I was over the limit” are amongst the regrets we listen to. Unfortunately, the reality is that when you are charged with drink driving, you face a minimum 12 month driving disqualification and a maximum of 6 months in prison.

Not wishing to sound like party poopers, we STRONGLY urge you to take heed of the following information you should know about the common alcohol related offences prior to taking any chances and putting the keys in the ignition.

1)  Drink Driving

Definition: Driving on a road or other public place whilst over the prescribed limit.

Legal Limits:

• 35 micrograms of alcohol in 100 millilitres of breath;
• 80 milligrams of alcohol per 100 millilitres of blood; or
• 107 milligrams of alcohol per 100milliltres of urine

When do I have to give blood/urine?

You will be required to give a blood/urine sample if the breath machine is not working, there is a significant discrepancy with the breath readings or you are unable to provide a breath sample for medical reasons.

You will be given the OPTION to replace a positive breath sample with a blood/urine sample if you have provided a breath reading but the result is between 40 – 50 micrograms.

What is my likely sentence if found guilty?

The sentencing guidelines afford the Magistrates with a certain level of discretion but if pleading guilty or if you are found guilty, no amount of mitigation will avoid the minimum 12 month disqualification.

2)   Failing to provide a specimen

Definition:If suspected of drink driving or being drunk in charge, you can be required by a Police Officer to provide either a breath, blood or urine sample. Failure to do so, without reasonable excuse, would result in conviction of this offence (even if you were not over the limit).

The penalties for the offence can be between a 12 month disqualification and in the most severe cases, 26 weeks custodial sentence.

What is my likely sentence if found guilty?

3)   Drunk in Charge

Definition:“Being “in charge” of any motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit”

What constitutes being “in charge”? :When determining whether you were in charge of the vehicle the Court will take into account the following issues:

1. Where you were sitting;
2. What you were doing;
3. Where the keys were; and
4. Whether there was any evidence of you having an intention to take control of the vehicle.

Being asleep at the wheel of a car with the key in the ignition could be found to be drunk in charge.

What is my likely sentence if found guilty?

So, by all means enjoy the festivities on 17th March but also remember this integral sentiment of the day:

“Saint Patrick was a gentleman, who through strategy and stealth
Drove all the snakes from Ireland, here’s a drink to his health!
But not too many drinks, lest we lose ourselves and then
Forget the good Saint Patrick, and see them snakes again!”

–Unknown

If you are in the unfortunate situation of being charged with any of the above offences, please give us a call on freephone 0800 1389 123 or the London team on 0203 819 6108 or call our Manchester team on 0161 274 5580.