Caught asleep in car

[Stupid mistake]

Hi,
I was involved in a traffic incident, where damage occured to the wing mirror of both my car and another involved. The owner of the other car followed me, and after a disagreement on whose fault the incident was, he called the police. The police took over an hour to get to where we were, and when they arrived they found me in my car asleep on the back seat. I was taken to the police station and breathalised, and had a reading of 85. I was kept in over night, and I asked if I could phone my partner, or if they could phone her to let her know where I was. I gave them her number, and they didn't make the call (I'm not sure if this information has any relevance to what I can expect in court). They released me in the morning, and was not given any charge papers, but was told to return in 2 weeks. Is it likely that I will be charged when I return to the police station? I never intended to drive the vehicle after drinking, as I lived only 15 minutes walk from the pub, but I was at the pub with a friend of mine who did not know the area well, and as I had had a few drinks I was obviously not thinking as I would if I were sober, and I insisted that I show him the way to where he lived, and he followed behind my car. I do have a previous drink driving charge, which was in 1989. If I do get charged, what can I expect in terms of fine, ban, etc?
I have also been given the details of the other car involved, but have been told not to contact them directly, but to give the details to my insurance company. But I don't think my insurance company will pay out if alcohol is involved, and if I contact them should I tell them that there was alcohol involved as I have not yet been charged with anything?
Thanks in advance for any advice you can give me.

 

[SeanJoyceStephensons]

Based on the information supplied then I would expect you to be charged with something. What will ultimately happen in court may depend to a large extent on what precise offences you are charged with.

If the police have any evidence that you actually drove the vehicle then they are likely to charge you with driving with excess alcohol. This evidence is likely to be either something you have allegedly said to the police at the roadside, what you have said in police interview under caution at the police station, or based on witness evidence (a statement) from the driver of the other vehicle. If they can prove you drove they may also charge you with Driving without Due Care and Attention. In addition, your account suggests that you may not have stopped at the scene straight away (you say the other driver followed you), in which case you could also be charged with Failing to Stop at the scene of an accident.

If the police can't prove you were the driver then they may charge you with Being drunk in charge. You would then have to prove, on the balance of probabilities, that you did not intend to drive whilst over the prescribed limit. To do this you will have to prove at what time you would have been back under the limit. To do this you will need some forensic evidence.

A reading of 85mg of breath in connection with a drink driving offence is on the borderline between 20 and 24 months disqualification and either a fine or Community Sentence. The Court will ergard the fact you had an accident as an aggravating feature of the case which may lead them to impose a penalty at the higher end of this bracket.

You are entitled to free legal advice at the police station. If you would like help arranging this then contact our helpline on 0845 0020736