Scared of being caught

Convicted Driver Insurance

Sazzy321

New Member
Good afternoon,

I am writing on behalf of my partner and would like some advice. Basically my partner was driving after having a few drinks one evening. He was driving along a motorway when he had to pull over due to a flat tyre. As this was about 3am in the morning, the police shortly stopped by to see what had happened. My partner panicked at this moment in time due to having a few drinks. The police had asked him if he had been drinking and he replied with no. The police got back in there car and left him to it but asked for his name before they left. Basically it has been 3 days now but my partner and I are very much worried about whether he could still be caught? He was not breathalysed either. However my worry is that he was seen on cctv driving inappropriately? Can the police still convict you of DUI a few days later without having any evidence from a breathalyser?
 
The police cannot randomly breathalyse a driver without specific grounds. The only grounds on which the police can request a breath sample are if they have reasonable grounds to suspect that:
1. You have committed a moving road traffic offence;

2. You have been driving a vehicle which has been involved in a road traffic collision or;

3. You have driven after consuming alcohol.

If your partner had admitted that he'd had a drink then the police would have had grounds to suspect he'd consumed alcohol before driving and could (and probably would) have requested a breath sample. The fact he said no meant that the police had no grounds to request a sample. Having said that, if you refused to provide a sample on the basis you don't think the police have grounds to request one then you would be charged with refusing to provide a sample and may not have a credible defence. If you've nothing to hide then it would be very foolish indeed to run this risk.

To prosecute and convict of driving whilst over the prescribed limit (drink driving) then the police would need evidence of a breath, blood or urine sample to prove that your partner was over the limit. Without this, there is no likelihood at all of the police now prosecuting him for this.

The prosecute for driving whilst under the influence of drink (or drugs) then the police would need evidence that your partner's driving was impaired in some way as a result of the drink or drugs. This is evidence usually obtained through a field impairment test or from a medical expert. As this evidence was not obtained on the night then there is no likelihood of the police coming back to your partner to prosecute for this offence either.

If the police had CCTV footage showing your partner driving badly then the only offence he is likely to be prosecuted for would be another driving offence, such as driving without due care and attention. However, this is probably also unlikely.

I think that your partner has had a lucky escape. Theyshould put this down to experience, think themself lucky and not make the same mistake again.
 
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