1st time offence

[Swift]

Hi, I was pulled over following an accident with a bicycle and was taken to the police station and charged with drink driving, my breath test showed 115 and 120. I have a very high tolerance for alcohol and was wondering if this would be taken into consideration? It's my 1st offence and I have no other criminal or driving offences and a clean licence. Although I was taken following an accident the police have said the accident was not my fault and was unavoidable as the cyclist pulled straight out in front of me. I was wondering what kind of sentence I could expect and if a drink driving course may reduce any ban or chance of a prison term? Thank you for your time

 

[SeanJoyceStephensons]

Telling the Magistrates that you have a high tolerance for alcohol is very unlikely to benefit your case as you were over 3 times the legal limit at the time of the accident. With a reading of 115 in breath you will be facing a 23-28 month disqualification and a community order. You are quite close to the next sentencing bracket which carries a risk of a custodial sentence, and the fact that you have been involved in an accident will be an aggravating factor in your case. If this is your fist offence then you should be offered the drink drive rehabilitation course which will reduce your disqualification by up to 25% but will have no bearing on the community order or likelihood or a custodial sentence.