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Thread: You might as well not blow.

  1. #1
    europhil is offline Member
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    Default You might as well not blow.

    I've been checking on how long drink drive offences stay on your licence, As you probably know it's 11 years. However, If you refuse to give a sample of breath, Then that offence only stays on your licence for 4 years.
    Also, I was way over the limit (126). Wouldn't i have been better off refusing the breathaliser? I could be wrong but i think i'd have only got a 12-18 month disqualification for that?
    This idea is alright whilst sober, But when you're pretty smashed, Would you remember to refuse?


  2. #2
    ukboxer is offline Established Member
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    Default Re: You might as well not blow.

    Quote Originally Posted by europhil View Post
    I've been checking on how long drink drive offences stay on your licence, As you probably know it's 11 years. However, If you refuse to give a sample of breath, Then that offence only stays on your licence for 4 years.
    Also, I was way over the limit (126). Wouldn't i have been better off refusing the breathaliser? I could be wrong but i think i'd have only got a 12-18 month disqualification for that?
    This idea is alright whilst sober, But when you're pretty smashed, Would you remember to refuse?
    The refusal you refer to is 'failure to cooperate with a preliminary breath test'. The maximum penalty for this offence includes four penalty points that remain on your licence for four years or a 12 - 36 month driving disqualification plus fine. It is very rare that someone is charged with this offence alone.

    Failure to comply with the requirement to take a roadside preliminary breath test will lead to arrest and a further requirement to provide an evidential specimen for analysis at the Police Station.

    In the circumstances you give, you would be arrested for failure to provide a preliminary breath test and taken to the station in order to provide an evidential specimen. If you subsequently refused to provide this specimen you would be charged with failure to provide a specimen for analysis. With a hypothetical level of alcohol at 126 you would likely be charged with deliberate refusal or deliberate failure with evidence of serious impairment such as stumbling, slurring words, obvious signs of serious impairment etc that will be aggravating in Court.

    The maximum penalty for refusing to provide a specimen for analysis is 6 months imprisonment (although a fine is usually adequate for a first time offence) with a mandatory disqualification of atleast 12 months, although it is often much longer as the Courts will believe you were trying to conceal a very high level of alcohol. This offence will remain on your licence for 11 years.

    I would suggest its never a good idea to refuse any breath test even if you know you will provide a high reading as the penalty for a high reading is usually the same as a refusal which will class you as a high risk offender.

  3. #3
    uklegendman is offline Member
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    Default Re: You might as well not blow.

    Quote Originally Posted by europhil View Post
    I've been checking on how long drink drive offences stay on your licence, As you probably know it's 11 years. However, If you refuse to give a sample of breath, Then that offence only stays on your licence for 4 years.
    Also, I was way over the limit (126). Wouldn't i have been better off refusing the breathaliser? I could be wrong but i think i'd have only got a 12-18 month disqualification for that?
    This idea is alright whilst sober, But when you're pretty smashed, Would you remember to refuse?

    Hi Europhil,

    You are totally correct, the truth is I was well over the limit when I was pulled.

    When I got to the station I made a conscious effort to not blow correctly, I blew too hard. I knew if they took a reading I would get a very long ban.

    I ended up getting a 12 month ban, reduced to 9 after the course is completed. I am 100 per cent sure if I had blown correctly I would have gotten much longer than I did.

    I am not justifying my actions or suggesting anyone else should do this but for me it seems I am lucky in that I got a lenient sentence from failing to provide.

  4. #4
    ukboxer is offline Established Member
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    Default Re: You might as well not blow.

    Quote Originally Posted by uklegendman View Post
    Hi Europhil,

    You are totally correct, the truth is I was well over the limit when I was pulled.

    When I got to the station I made a conscious effort to not blow correctly, I blew too hard. I knew if they took a reading I would get a very long ban.

    I ended up getting a 12 month ban, reduced to 9 after the course is completed. I am 100 per cent sure if I had blown correctly I would have gotten much longer than I did.

    I am not justifying my actions or suggesting anyone else should do this but for me it seems I am lucky in that I got a lenient sentence from failing to provide.
    WOW that is lucky! Ofcourse everyone has the right to refuse a breath test and it looks like it worked in your favour. Magistrate a friend of yours?

    A refusal should still have classed you as a high risk offender, just out of interest was that the case?

    Im sure there are lots of people who failed to provide who received a much tougher sentence than if they had provided but we will never know what their reading could have been so its all hypothetical.

  5. #5
    uklegendman is offline Member
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    Default Re: You might as well not blow.

    Yes I was lucky, I did do the roadside breath test but it did not give a reading just showed I was over the limit. Just the proper test in the station I played the fool and pretended not to be able to do it.

    Needless to say I was polite and co operative with the officers and they actually made a note of this in their records so I think that went into my favour.

    Yes the failing to provide offence does class me as high risk but I got the lowest possible sentence, 12 months with the course.


    My advice to anyone is to get legal representation, I thought I could represent myself and had prepared a speech pleading my guilt and sorrow etc. My solicitor strongly advised me to not use my speech as it was too incriminating. My solicitor was able to argue for leniency in a articulate legal way that I could not have.

  6. #6
    ukboxer is offline Established Member
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    Default Re: You might as well not blow.

    Quote Originally Posted by uklegendman View Post
    Yes I was lucky, I did do the roadside breath test but it did not give a reading just showed I was over the limit. Just the proper test in the station I played the fool and pretended not to be able to do it.

    Needless to say I was polite and co operative with the officers and they actually made a note of this in their records so I think that went into my favour.

    Yes the failing to provide offence does class me as high risk but I got the lowest possible sentence, 12 months with the course.


    My advice to anyone is to get legal representation, I thought I could represent myself and had prepared a speech pleading my guilt and sorrow etc. My solicitor strongly advised me to not use my speech as it was too incriminating. My solicitor was able to argue for leniency in a articulate legal way that I could not have.
    Yes you are quite correct, any legal jargon should be done only by a Solicitor and a prepared statement kept short expressing remorse rather than getting into any circumstances.

    Its a difficult one as the majority of drink driving cases do not qualify for legal aid so there is the cost issue but I agree (in general) if someone can afford representation to always use a Solicitor although, a few people have said on this forum it was a complete waste of money.......hindsight is a wonderful thing I guess.

  7. #7
    uklegendman is offline Member
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    Default Re: You might as well not blow.

    Quote Originally Posted by ukboxer View Post
    Yes you are quite correct, any legal jargon should be done only by a Solicitor and a prepared statement kept short expressing remorse rather than getting into any circumstances.

    Its a difficult one as the majority of drink driving cases do not qualify for legal aid so there is the cost issue but I agree (in general) if someone can afford representation to always use a Solicitor although, a few people have said on this forum it was a complete waste of money.......hindsight is a wonderful thing I guess.
    Yes in my case it was the best grand I spent, defiantly reduced my sentence and probably saved my business.

  8. #8
    price1367 is offline TTC Group Associate Director
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    Default Re: You might as well not blow.

    Ukboxers reply to Europhil is correct. Failing to provide the roadside breath test is an offence that carries points and would come off your licence after 4 years. Failing to provide an evidential breath test at the police station carries a variable ban and does not come off the licence for 11 years.
    the magistrates guidelines for failing to provide an evidential sample is split into 3 parts which can be found on this website. At the top end, if there is evidence of heavy impairment, the guidelines are 29 to 36 months. The evidence of impairment can come from, perhaps, the custody video and / or evidence of how much someone had drunk before driving from enquiries at the pub they had been at.
    I have seen people get a better deal, on the face of it, by failing to provide a sample. There can be some drawbacks to this course of action though.
    Firstly, you will have lost any possible defence of "I wasn't the driver." Or "I have been drinking after driving." because the offence if complete if the police reasonably believe that you were the driver, and you fail to provide a sample.
    Secondly the insurance company tend to load the premium more for people who fail to provide, on the basis that you were not only drinking and driving but you refused to cooperate with a lawful request to provide a sample.
    Thirdly, unless you are sure you are going to blow over 87 and become a high rest offender anyway, you have made yourself a high risk offender by failing to provide, with the attendant cost and grief of having to do a medical before you get your licence back.

  9. #9
    uklegendman is offline Member
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    Default Re: You might as well not blow.

    Yes I suppose if you are worried about the extra dollar and agro of medical then its better to blow correctly. For me I just thought the quickest way twas to try my best to act sober then just play upfor the breath test, worked for me.

    Never plan on getting myself in that situation again, lesson learnt.


    Stay sober and dont be bitter. Peace

  10. #10
    price1367 is offline TTC Group Associate Director
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    Default Re: You might as well not blow.

    Convicted Driver Insurance Quotes
    I agree that your strategy worked well for you. As you say, best to be a 'one off' !
    Just wanted to point out that it is not always the best way.

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