Help :-(

[ap123]

I know you don't need to know the ins and outs but feel this gives a background.

My ex partner (who is violent) threw me out of his house on Thursday when I dropped our children off. He then blocked me so I had no way of contacting him to see if our children were ok (after visibly hearing them distressed at what they had seen). We have been split over a year.

I then went home as he refused to open the door or let me see my children. That evening a friend came to keep me company and we had some drinks (wine and prosecco) until around 3am. I got up at around 7.30am (felt fine). My children were dropped off at around 8.30am that morning.

My son had a hair appointment at 11.30 that day, I felt fine and drove him to it. On the way back I was followed and pulled over and breathalised with a reading of 120! I dont know how the hell it is was this high. They took me to the station. That evening at 6.30pm I was still reading 92! I had eaten nothing and the whole time I was there was only given 1 cup of tea despite asking for drinks and food. I felt fine throughout the whole ordeal, was completely understanding of what was going on, there is no way on gods earth I would have gotten into a car knowingly over the limit for a stupid hair appointment. Just no way.

Now I am responsible for getting my children to nursery and school then myself to work (I am the sole carer and provider) my ex doesn't work.

I am absolutely scared out of my head about going to court on the 31st.

Can someone tell me what I can expect please?

I'm 31, never been in trouble with the police. Only been driving for just over 3 months.

Please help.

Do I need to take a solicitor with me? I don't understand how it was still so high, Its not like it was a night out of doing shots or anything? I have had no medication which interferes with alcohol either....

Please help :-(

 

[Forum Moderator]

I know you don't need to know the ins and outs but feel this gives a background.

My ex partner (who is violent) threw me out of his house on Thursday when I dropped our children off. He then blocked me so I had no way of contacting him to see if our children were ok (after visibly hearing them distressed at what they had seen). We have been split over a year.

I then went home as he refused to open the door or let me see my children. That evening a friend came to keep me company and we had some drinks (wine and prosecco) until around 3am. I got up at around 7.30am (felt fine). My children were dropped off at around 8.30am that morning.

My son had a hair appointment at 11.30 that day, I felt fine and drove him to it. On the way back I was followed and pulled over and breathalised with a reading of 120! I dont know how the hell it is was this high. They took me to the station. That evening at 6.30pm I was still reading 92! I had eaten nothing and the whole time I was there was only given 1 cup of tea despite asking for drinks and food. I felt fine throughout the whole ordeal, was completely understanding of what was going on, there is no way on gods earth I would have gotten into a car knowingly over the limit for a stupid hair appointment. Just no way.

Now I am responsible for getting my children to nursery and school then myself to work (I am the sole carer and provider) my ex doesn't work.

I am absolutely scared out of my head about going to court on the 31st.

Can someone tell me what I can expect please?

I'm 31, never been in trouble with the police. Only been driving for just over 3 months.

Please help.

Do I need to take a solicitor with me? I don't understand how it was still so high, Its not like it was a night out of doing shots or anything? I have had no medication which interferes with alcohol either....

Please help :-(

Upon conviction of driving with excess alcohol with a breath reading of 92 magistrates sentencing guidelines suggest a 23-28 month driving disqualification and a low to high level community order.

The majority of first time offenders usually benefit from the opportunity to take the drink driving rehabilitation course, upon completion of the course, the length of disqualification imposed when you are sentenced will be reduced by up to 25%.

As the level of alcohol in your system exceeded 87.5 microgrammes per 100 millilitres of breath you will be classed as a high risk offender. High risk offenders are required to take and pass a DVLA medical before their driving licence will be issued to them upon expiration of their disqualification.

Our guide to appearing at magistrates court for drink driving offences may prove useful to you and may help you decided whether or not to instruct a solicitor.

How much wine and prosecco did you consume that night?

 

[ap123]

Upon conviction of driving with excess alcohol with a breath reading of 92 magistrates sentencing guidelines suggest a 23-28 month driving disqualification and a low to high level community order.

The majority of first time offenders usually benefit from the opportunity to take the drink driving rehabilitation course, upon completion of the course, the length of disqualification imposed when you are sentenced will be reduced by up to 25%.

As the level of alcohol in your system exceeded 87.5 microgrammes per 100 millilitres of breath you will be classed as a high risk offender. High risk offenders are required to take and pass a DVLA medical before their driving licence will be issued to them upon expiration of their disqualification.

Our guide to appearing at magistrates court for drink driving offences may prove useful to you and may help you decided whether or not to instruct a solicitor.

How much wine and prosecco did you consume that night?

Thank you for coming back to me. I had 2 glasses of white, 2 glasses of red and 3 glasses of prosecco. I finished drinking at 2am and whilst I had had nothing to eat the following day, I did not think that any alcohol would be in my system at lunch time, let alone a reading that high!

I am so worried and I don't know whether I will benefit or not from having a lawyer with me? My mum will also be attending the hearing with me and of course I have no choice but to plead guilty, even though I felt fine. I mean it was a hair appointment I could have easily cancelled had I of thought I would be over the limit?

I ave drafted a letter of apology. Funds are tight as I am a single parent but if a solicitor will help me or my case in anyway then of course I will try my best to have one.

What is a community order?

 

[Forum Moderator]

Thank you for coming back to me. I had 2 glasses of white, 2 glasses of red and 3 glasses of prosecco. I finished drinking at 2am and whilst I had had nothing to eat the following day, I did not think that any alcohol would be in my system at lunch time, let alone a reading that high!

I am so worried and I don't know whether I will benefit or not from having a lawyer with me? My mum will also be attending the hearing with me and of course I have no choice but to plead guilty, even though I felt fine. I mean it was a hair appointment I could have easily cancelled had I of thought I would be over the limit?

I ave drafted a letter of apology. Funds are tight as I am a single parent but if a solicitor will help me or my case in anyway then of course I will try my best to have one.

What is a community order?

A community order can involve unpaid work, supervision, curfew (electronic tag) and/or a requirement to take relevant course(s) such as the DIDs (Drink Impaired Drivers) course etc.

92 in breath is a very high reading from 4 glasses of wine and 3 glasses of prosecco, especially considering you provided the breath sample 16 and a half hours AFTER you had ceased drinking.

 

[Portico]

"On the way back I was followed and pulled over and breathalised with a reading of 120! I dont know how the hell it is was this high. They took me to the station. That evening at 6.30pm I was still reading 92!"

Hi. Can you clarify what your breath reading was at the station when you were first taken there? Was the reading of 120 at the roadside or on the evidential machine? Was the 92 reading taken at 6:30p.m. to determine if you were OK to be interviewed or leave the station?

Your body's rate of breaking down alcohol must be very slow to have such high readings over such a long time period.

 

[ap123]

Hi. Can you clarify what your breath reading was at the station when you were first taken there? Was the reading of 120 at the roadside or on the evidential machine? Was the 92 reading taken at 6:30p.m. to determine if you were OK to be interviewed or leave the station?

Your body's rate of breaking down alcohol must be very slow to have such high readings over such a long time period.

Hi, I am not sure of the roadside, but at the station it was 120 (at around 1.00pm) then at 6.30pm that evening it was 92, although I had had nothing to eat or drink during this time.

I honestly cant believe it was still so high, I don't know what to do.

Should I get a solicitor, is it even worth it? I'm petrified.

Spoke to the doctors as i take beta blockers for anxiety but they advised it wouldnt have made a difference to the alcohol levels :-(

 

[ap123]

Hi. Can you clarify what your breath reading was at the station when you were first taken there? Was the reading of 120 at the roadside or on the evidential machine? Was the 92 reading taken at 6:30p.m. to determine if you were OK to be interviewed or leave the station?

Your body's rate of breaking down alcohol must be very slow to have such high readings over such a long time period.

Hi

It was 120 at the station on the evidential machine. I really honestly dont understand why it would be so high :-(

So worried. I have never been involved withe police before. I think I should have a solicitor with me as I dont understand all the legal jargon. I know I will lose my license.

 

[Portico]

Hi

It was 120 at the station on the evidential machine. I really honestly dont understand why it would be so high :-(

So worried. I have never been involved withe police before. I think I should have a solicitor with me as I dont understand all the legal jargon. I know I will lose my license.

Hi, it does seem really high for such a long period after you stopped drinking and with the amount you say you drank. Had you eaten much during the evening before you started drinking?

As for a solicitor, there are people on here far better qualified than I to tell you for sure. I know that having representation could help reduce the length of a ban if you are not confident in putting forward your own statement to the court.

All this aside, you come across as a decent person. You clearly did not intentionally drive while knowing you were over the limit.
I wish you all the best and hope that the impact on you and your family is as limited as it can be.

 

[Portico]

Hi

It was 120 at the station on the evidential machine. I really honestly dont understand why it would be so high :-(

So worried. I have never been involved withe police before. I think I should have a solicitor with me as I dont understand all the legal jargon. I know I will lose my license.

It's also worth pointing out that you can reduce the length of your ban by 25% if you take the awareness course. Price1367 who posts really useful information on a regular basis on here runs a company that delivers the course. I think if it's not offered by the court you can ask for it on the day. I'm sure a solicitor will make you aware of this if you engage one but it's worth keeping in mind yourself if you don't.

 

[Forum Moderator]

Hi

It was 120 at the station on the evidential machine. I really honestly dont understand why it would be so high :-(

So worried. I have never been involved withe police before. I think I should have a solicitor with me as I dont understand all the legal jargon. I know I will lose my license.

If it was 120 on the evidential breath testing machine then the guidelines I previously stated for a reading of 92 do not apply. I assumed you blew 120 at the roadside and then 92 at the station.

Upon conviction of driving with excess alcohol with a breath reading of 120 magistrates sentencing guidelines suggest a high level community order or up to 26 weeks in custody and a 29-36 month driving disqualification.

As previously stated you are also likely to be offered the chance to take the drink driving rehabilitation course and completing the course will reduce the period of disqualification imposed by up to 25%.

Also you will be classed as a high risk offender and will be required to take and pass a DVLA medical once your driving disqualification has expired and before your driving licence will be returned to you.

As there is a possibility of a custodial sentence and depending on your income, you may be entitled to legal aid which can cover all or part of the cost of instructing a solicitor. You can find more information on legal aid here and here.

120 is a very high reading considering the amount you stated you drank and the time elapsed from when you ceased drinking to the point in time you provided a breath specimen on the evidential breath testing machine.

Obviously it depends on the size of the glass you were drinking from, some wine glasses can actually hold nearly a full bottle of wine!

I would advise you consult with a solicitor in order to determine if you are eligible for legal aid at least. You may find a solicitor close to you here. Not all solicitors do legal aid work, so you need to contact one who does.

 

[ap123]

Hi, it does seem really high for such a long period after you stopped drinking and with the amount you say you drank. Had you eaten much during the evening before you started drinking?

As for a solicitor, there are people on here far better qualified than I to tell you for sure. I know that having representation could help reduce the length of a ban if you are not confident in putting forward your own statement to the court.

All this aside, you come across as a decent person. You clearly did not intentionally drive while knowing you were over the limit.
I wish you all the best and hope that the impact on you and your family is as limited as it can be.

Portico

Thank you for taking the time to respond, i appreciate it.

I've paid for a solicitor and can only hope for a lesser sentence. Ill keep you all posted on the outcome :-(

 

[price1367]

I am not sure I agree with your doctor about the Beta Blockers. This is what blood pressure UK says about alcohol:

If you are taking a beta-blocker you should avoid *alcohol. This is because it can enhance the blood pressure-lowering effects of your medicine and could lower your blood pressure too much

so whilst it would would not have turned some alcohol into a lot of alcohol, the lowered blood pressure could have had an effect on your liver and meant that you did not eliminate alcohol at the usually predicted rate of one unit per hour. This is not a defence, you are responsible for what you drink and and if the medication you take has an effect on your reading then you have to take the consequences in law.

As the moderator said, it could depend on the size of the glasses for the wine, but but even if they were only 175ml, you had drunk 14 units at 12% Abv, with the legal limit being 3 for a woman. If they were 250ml, it would have been 21 units.
the guidelines for beta blockers do say to avoid alcohol:

http://www.bloodpressureuk.org/Bloo...lockers/main_content/EckQ/downloadPublication

so you will get little sympathy from the court for trying to excuse your high reading on them. It is also worrying that you thought it was OK to drink 7 glasses of wine till late at night and then feel fine to put your son in the car for mid morning. If you say to the court that you felt fine, it might indicate to them the level of alcohol that you normally drink, because a casual drinker would expect to feel the effects of 7 glasses a few hours later.
One last thought, was the 92 on a hand held screening at 6.30pm? They are not always accurate the it could be that it was playing up. If it was on the evidential machine I would have expected that home police would have kept you for a lot longer after that, as you would not have been fit to be charged with a reading of 92.

 

[ap123]

I am not sure I agree with your doctor about the Beta Blockers. This is what blood pressure UK says about alcohol:

If you are taking a beta-blocker you should avoid *alcohol. This is because it can enhance the blood pressure-lowering effects of your medicine and could lower your blood pressure too much

so whilst it would would not have turned some alcohol into a lot of alcohol, the lowered blood pressure could have had an effect on your liver and meant that you did not eliminate alcohol at the usually predicted rate of one unit per hour. This is not a defence, you are responsible for what you drink and and if the medication you take has an effect on your reading then you have to take the consequences in law.

As the moderator said, it could depend on the size of the glasses for the wine, but but even if they were only 175ml, you had drunk 14 units at 12% Abv, with the legal limit being 3 for a woman. If they were 250ml, it would have been 21 units.
the guidelines for beta blockers do say to avoid alcohol:

http://www.bloodpressureuk.org/Bloo...lockers/main_content/EckQ/downloadPublication

so you will get little sympathy from the court for trying to excuse your high reading on them. It is also worrying that you thought it was OK to drink 7 glasses of wine till late at night and then feel fine to put your son in the car for mid morning. If you say to the court that you felt fine, it might indicate to them the level of alcohol that you normally drink, because a casual drinker would expect to feel the effects of 7 glasses a few hours later.
One last thought, was the 92 on a hand held screening at 6.30pm? They are not always accurate the it could be that it was playing up. If it was on the evidential machine I would have expected that home police would have kept you for a lot longer after that, as you would not have been fit to be charged with a reading of 92.

Thank you so much for replying. My doctor said my beta blocker wouldn't have an effect but I guess its worth mentioning....The second reading was on a hand held device in my cell. I kept asking for water and food to speed up the process but they refused. I know this is my fault but there is no way I would have put my son in the car let alone get in the car myself if I thought I was over the limit...especially as it was just for a hair appointment which could have been rearranged so easily.

 

[price1367]

You're welcome. The 92 may well have been an erroneous reading then.
food and drink would not help the elimination process, there is only one thing needed: TIME and the more you have had, the more time you need to allow.
let us know how you get on.

 

[Mclanelli]

Hi, it does seem really high for such a long period after you stopped drinking and with the amount you say you drank. Had you eaten much during the evening before you started drinking?

As for a solicitor, there are people on here far better qualified than I to tell you for sure. I know that having representation could help reduce the length of a ban if you are not confident in putting forward your own statement to the court.

All this aside, you come across as a decent person. You clearly did not intentionally drive while knowing you were over the limit.
I wish you all the best and hope that the impact on you and your family is as limited as it can be.

There could be many variables at play, but the amount of food consumed prior will not be one of them.

Food has absolutely no bearing on alcohol readings. It's common knowledge.

M

 

[ap123]

There could be many variables at play, but the amount of food consumed prior will not be one of them.

Food has absolutely no bearing on alcohol readings. It's common knowledge.

M

I just wanted to update you all.
I was given a 24 month ban, court fines and a 6 month electronic tag :-(
A tag wasn't even in my mind and i'm absolutely distraught at this namely because its going to impact my work, I work in business development and attend weekly property events every Thursday - it will be noted I am missing. I have no family nearby (they all live in the North East) I am in Wakefield. My mum has ill health and I was supposed to be spending Christmas with her. I cant even go into my garden, my daughter fell and hurt herself at the weekend and I couldn't go to her as it was after 7pm!
I have 2 small children aged 4 and 2, its really not practical? I cant attend the gym anymore and this was my only outlet. I feel like I'm under house arrest and because I have no one close by I think it will have an affect on my mental wellbeing :-(

Has anyone any experience of these and is there anything I can do? Is it worth appealing - i'm too scared to do anything and feel like a very bad criminal. I understand I made a mistake but I genuinely felt fine and had been to sleep so had no reason to suspect otherwsie. I don't want sympathy and hold my hands up but is there anything logically I can do about this?

 

[Portico]

There could be many variables at play, but the amount of food consumed prior will not be one of them.

Food has absolutely no bearing on alcohol readings. It's common knowledge.

M

The amount of food consumed absolutely does impact alcohol readings. A person who has not eaten will hit a peak BAC in around 2 hrs. For the same level of alcohol consumption in a person who has eaten, peak BAC could be up to 6 hours.

 

[price1367]

The amount of food consumed absolutely does impact alcohol readings. A person who has not eaten will hit a peak BAC in around 2 hrs. For the same level of alcohol consumption in a person who has eaten, peak BAC could be up to 6 hours.

You are right about the timing of the peak BAC, and the peak tends to be lower after food so in effect the end result is that you will have a lower reading after food (before drinking) but you will have alcohol in your system for longer. This means that several hours after food you could still be over the limit, whereas on an empty stomach you may have peaked and come back down again to under the limit.
in the case of the original posters situation though, the reading did not reduce a great deal throughout the afternoon and the lack of food would not have any bearing on that.

 

[gooba]

I just wanted to update you all.
I was given a 24 month ban, court fines and a 6 month electronic tag :-(
A tag wasn't even in my mind and i'm absolutely distraught at this namely because its going to impact my work, I work in business development and attend weekly property events every Thursday - it will be noted I am missing. I have no family nearby (they all live in the North East) I am in Wakefield. My mum has ill health and I was supposed to be spending Christmas with her. I cant even go into my garden, my daughter fell and hurt herself at the weekend and I couldn't go to her as it was after 7pm!
I have 2 small children aged 4 and 2, its really not practical? I cant attend the gym anymore and this was my only outlet. I feel like I'm under house arrest and because I have no one close by I think it will have an affect on my mental wellbeing :-(

Has anyone any experience of these and is there anything I can do? Is it worth appealing - i'm too scared to do anything and feel like a very bad criminal. I understand I made a mistake but I genuinely felt fine and had been to sleep so had no reason to suspect otherwsie. I don't want sympathy and hold my hands up but is there anything logically I can do about this?

Have you talked to your employer about this? I realise you may not want to disclose it to them, but depending on how long you have been there and if you get on well there it might be beneficial to explain your situation... sorry to hear about the gym too; one thing to consider - and it may not sound much - is an app called You Are Your Own Gym (https://www.marklauren.com/apps.html) it's brilliant. All based on bodyweight training and with stuff around the house. No expensive memberships required, and I promise you'll be more knackered from that than any gym!