Arrested While trying to end my own life then charged with drink driving

[KarlJordan]

I need help as I am struggling massively with my mental health, I am in the process of maybe being admitted into a psychiatric hospital because of the cause of my most recent breakdown which started the evening I was arrested for drink driving. I was about to drive into a river on dirt track when the police stopped me. I had a couple glasses of wine and a bottle of cider which when retested at the station I blew 45. My concerns are that I wasn't offered a blood or urine test as I think I suppose to have if the breath test is below 50. I am due in court on 2nd April and need help with what is mitigating circumstances, as I am was in no mental fit state to consider the consequences of drinking after I had a drink. I have never been in court for drink driving. This is now the 2nd time I am posting for help, I don't know where to turn to get help as I am on ESA and can't afford a solicitor to represent me.

 

[SeanJoyceStephensons]

A breath reading of 45µg places you in the lowest bracket of the sentencing guidelines. Those guidelines are issued to magistrates and are used when determining the appropriate penalty to be imposed. This particular bracket includes a fine, which is based on your financial means, and a driving disqualification for a period between 12 – 16 months. Given this is your first offence, the court may also allow you to complete a drink driving rehabilitation course which reduces the overall period of disqualification by one quarter.

Previously, if a person provided a breath sample at the police station that was below 50 µg there was a statutory option to provide a urine or blood sample as an alternative. However, this statutory option was abolished on 10th April 2015 so is no longer applicable.

In relation to your mental health, the Court will give this consideration as it is a mitigating factor which is referenced within the sentencing guidelines. Any reliance on this issue as a mitigating factor should be supported by appropriate medical evidence. Other positive mitigating factors that are relevant, based on the limited information provided, are your clear remorse and previous good character.