Do all drink drivers get locked in a police cell after failing breath test?

[Routemaster]

If you get caught drink driving and fail the roadside breath test then fail the test at the police station, do they always lock you in a custody cell like they do to other offenders? If so for how many hours?

Do they inform you of your court summons in the police station or do you get a letter in the post? How long does it take for the court date?

Can an you plead guilty by in you're absence instead of having to attend court?

Please can you give your experiences of what happens when you are caught whether or not you passed or failed the police station breath/blood or urine test?

thanks in advance!

 

[ukboxer]

If you get caught drink driving and fail the roadside breath test then fail the test at the police station, do they always lock you in a custody cell like they do to other offenders? If so for how many hours?

Do they inform you of your court summons in the police station or do you get a letter in the post? How long does it take for the court date?

Can an you plead guilty by in you're absence instead of having to attend court?

Please can you give your experiences of what happens when you are caught whether or not you passed or failed the police station breath/blood or urine test?

thanks in advance!

1. Yes ofcourse you would be placed in custody. As drink driving is a criminal offence you would not be any different to 'other offenders'. The length of time you spend in custody will vary depending on a number of factors. The Police have 24 hours to charge you. You may be charged and bailed to return at a later date.

2. As far as I know (others may know the exact procedure) prior to being released you should receive a letter from the Custody Sargent with your Court date and details of offence(s) you have been charged with. If you are bailed to return this will happen then. I would find it unusual for a Court date to be sent in the post.

3. You cannot plead guilty in your absence. If you do not attend you would be arrested for 'failing to appear'.

4. Others can answer this question as I have never been in that situation.

 

[price1367]

I used to be a custody officer and my usual rule of thumb was this:
if a person blew under 70, appeared to be OK and had someone who could collect them, I
would carry out all our procedures and then charge and bail the person to the next available court.
if a person blew over 70, I usually took the view that they were not in a fit state to be dealt with, and they had a period of time in custody. When a person is charged with an offence, they have to understand that what they say WILL be given in evidence, and that bail is a legal obligation to turn up at court. I had to be satisfied that their level of intoxication did not confuse them during this important process.
the length of time spent in custody can depend on several factors. The obvious one of "when will I be under the legal limit?" Usually worked out to be on the basis of a breath reading coming down by 7-11 per hour, according to where on the alcohol elimination scale that the person is.
If a person has a blood or urine sample taken at hospital, when the result comes back over the legal limit they will then receive a summons in the post, because you have to be in custody to be charged and bailed.
As UKboxer said, attendance is compulsory if you are bailed to court, drink driving cannot be dealt with in your absence.

 

[ukboxer]

I used to be a custody officer and my usual rule of thumb was this:
if a person blew under 70, appeared to be OK and had someone who could collect them, I
would carry out all our procedures and then charge and bail the person to the next available court.
if a person blew over 70, I usually took the view that they were not in a fit state to be dealt with, and they had a period of time in custody. When a person is charged with an offence, they have to understand that what they say WILL be given in evidence, and that bail is a legal obligation to turn up at court. I had to be satisfied that their level of intoxication did not confuse them during this important process.
the length of time spent in custody can depend on several factors. The obvious one of "when will I be under the legal limit?" Usually worked out to be on the basis of a breath reading coming down by 7-11 per hour, according to where on the alcohol elimination scale that the person is.
If a person has a blood or urine sample taken at hospital, when the result comes back over the legal limit they will then receive a summons in the post, because you have to be in custody to be charged and bailed.
As UKboxer said, attendance is compulsory if you are bailed to court, drink driving cannot be dealt with in your absence.

You always give the best answers Price1367

 

[ellen1]

yes they do. just forget it , dont swell on it. what comes later is a lot worse than a cell. the ban!

 

[ally]

If you get caught drink driving and fail the roadside breath test then fail the test at the police station, do they always lock you in a custody cell like they do to other offenders? If so for how many hours?

Do they inform you of your court summons in the police station or do you get a letter in the post? How long does it take for the court date?

Can an you plead guilty by in you're absence instead of having to attend court?

Please can you give your experiences of what happens when you are caught whether or not you passed or failed the police station breath/blood or urine test?

thanks in advance!

From my experience unfortunately yes you do end up in a cell. I was taken 30 miles from home and kept in a cell for 12 hours. They were in no rush to let me out. I was allowed one phonecall. Once charged the following day they offered me a bus ticket to get home, I didn't even know where I was, so they called me a taxi that cost me a fortune. Apparently they do this so you have a long time to get back to your car and drive. In custody I was treated like any other soul arrested, personal circumstances and your role in society go out of the window once you have been read your rights. I chose my court day the following morning and you have to attend court. As weird as this may sound I went to court alone told to be there for 9.30am and went in at 15.40 I got talking to others that were also waiting. Its a horrific experience and I really believe I visited hell that night. If you are thinking of risking it for whatever reason don't it will ruin your life, my life will never be the same again and I know I only have myself to blame but if the only good that comes out of what has happened to me is to share my experience and make them think twice then good.