First offence, drink/drug driving, blood taken

[Quest1]

Hi all,

I need some advice urgently; my best friend is facing a driving whilst unfit charge, due to an accident he had in the early hours of New Years Day. He had been at a party earlier in the evening where he'd been drinking (I don't know how much) and also apparently smoked 'a really small amount' of cannabis (again, I don't know how to quantify this).
Why he got behind the wheel I'll never understand but regardless, he crashed his car on a dual carriageway (no other vehicles involved and no one hurt), the car is written off and the police breathalysed him at the scene. Apparently the readings were too varied (one read 60 and the other read 80), so he was taken to the station and a blood sample was taken.
He has been released without charge whilst they await the blood test results - he has to go back to the police station on January 20th, where I assume they will charge him.

This is his first offence and he has a previously clean license...I'm trying to gather as much information as I possibly can to help him out as he's taken the situation really badly (he's had some personal problems recently so wasn't in a great emotional state to begin with). I'm a non-driver so this is all entirely new to me.
From what I've read, he's looking at a definite driving ban (defined by his blood/alcohol levels) and a fine (based on his current earnings), but are there other likely legal consequences such as a curfew or community service, or perhaps even a custodial sentence?

Also, in terms of his job, should he declare this to his employee - I've had a read through the employment contract (we do the same job at the same company) and there's no specific mention of criminal convictions, but there is a mention of gross misconduct.

Any help/advice would be gratefully received...I desperately want to help him because I know if I'd been with him that night, none of this would have even happened.

 

[price1367]

There is now a legal limit for cannabis in your system when you drive, it is 2µg/L.
if he only had a very small abound of cannabis he is unlikely to have exceeded this limit. The blood sample would only be tested for that drug if he told the police that he had smoked a joint, it is not a routine test.
the readings of 60 and 80 were likely to have been the ones that he blew at the station. If the readings are different by more than 15% then the Police take the view that the machine results are inaccurate and therefore resort to a blood sample.
the result of the blood sample would depend on how long after the breath tests that the blood was obtained, but also on if the 60 or the 80 reading truly reflected the amount of alcohol in his body.
In any case, even if it is the equivalent of a breath reading of 80, the Magistrates guidelines are for a ban of 17-22 months and a fine, no community service.
what is your friends occupation? There are some jobs where it is mandatory to disclose a drink drive conviction. If he is not in one of those categories then he should be OK if there is no mention of disclosure of convictions in his contract. "Gross misconduct" would normally only apply where the name of the company was plastered on the vehicle used and their name was brought up in the court case.
I would add that he is most unlikely to get a result when he goes back on the 20th January. It normally takes 6 weeks to get a result, and with the New Year rush, that is likely to be even longer, so I anticipate his bail being extended on the 20th.

 

[Quest1]

Thanks so much for getting back to me so quickly...
We both work as civil servants and our jobs require us to have security clearance, that's my primary concern about work, I'm assuming he'll have to alert the relevant people, but hopefully his SC won't be affected?
He fully expects a ban and a fine, so it's a relief to hear that this is the most likely outcome.
Do you think he should appoint a solicitor as well? My immediate suggestion was not to as he will be pleading guilty when appearing in court...but I have no idea if that's the right advice to give him.

Thank you again, I really appreciate the help

 

[price1367]

The conviction will show up on his next DBS check, so even if his contract does not require him to disclose a court appearance now, I would always suggest it best to tell management when a conviction occurs. It is better than them finding out that it has been kept secret for a year or two when the DBS check reveals it.
i would not think that a drink drive conviction would affect security clearance, it does not involve dishonesty or violence or illegal drug use. ( I presume, so long as he doesn't mention the cannabis bit to your employer!)
As to a solicitor, that is a matter of personal choice. We may well be used to doing interviews, where we sell our good points, but appearing in court and telling the magistrates "how stupid I have been, but please be kind to me" is a completely different thing. If he is reasonably articulate, and won't feel daunted, he can say to the magistrates pretty much the same as a solicitor would.... "Very sorry for wasting the courts time, stupid rash decision completely out of character etc" and ask (if the court doesn't offer) to do a Drink Drive Rehabilitation course which, if completed, will knock up to 25% off his ban.

 

[Quest1]

Hi again all,

My friend returned to the police station to get the results of his blood test, his blood/alcohol level was 173. He's been charged with "Driving or attempting to drive with alcohol concentration above prescribed limit", he'm appear in court on February 3rd.
From these details, is it possible to estimate his penalty, I appreciate that every circumstance is different, but just a ballpark area so that we know what he's dealing with.

Thanks for the advice

 

[Forum Moderator]

Hi again all,

My friend returned to the police station to get the results of his blood test, his blood/alcohol level was 173. He's been charged with "Driving or attempting to drive with alcohol concentration above prescribed limit", he'm appear in court on February 3rd.
From these details, is it possible to estimate his penalty, I appreciate that every circumstance is different, but just a ballpark area so that we know what he's dealing with.

Thanks for the advice

Upon a first conviction of driving with excess alcohol and a blood alcohol content of 173 magistrates sentencing guidelines suggest a band C fine and a driving disqualification of between 17 and 22 months. The majority of first time offenders are usually afforded the opportunity to take the drink driving rehabilitation course, taking and completing the course will reduce the length of disqualification imposed by up to 25%.

Your friend may find our guide to appearing at magistrates court for drink driving offences useful.

Let us know how your friend gets on at court.