Failure to provide sample at station. Blew 135 roadside

Convicted Driver Insurance

Kerry123

New Member
Help! I’m worried sick about court and custodial sentence. I have a clean licence, no previous convictions but I did get arrested for drunk and disorderly around 9 yeas ago. No caution as paid fine.

I was caught drink driving blew 135, taken to station, hysterical and very drunk refused to provide specimen. What will happen to me? Will I get custodial. Will they charge me for breath and the refusal? Isn’t this ridiculously high? I have good references, written a letter of remorse but still worried sick. I’m lecturing so this could be the end of that for me.
 
Help! I’m worried sick about court and custodial sentence. I have a clean licence, no previous convictions but I did get arrested for drunk and disorderly around 9 yeas ago. No caution as paid fine.

I was caught drink driving blew 135, taken to station, hysterical and very drunk refused to provide specimen. What will happen to me? Will I get custodial. Will they charge me for breath and the refusal? Isn’t this ridiculously high? I have good references, written a letter of remorse but still worried sick. I’m lecturing so this could be the end of that for me.
This describes the situation I was in , although I don’t recall what the roadside reading said.
Unless there was some dreadful aggravating feature of case eg injuries to others / serious accident, I can’t see prison being anywhere near on the cards . From what you have said , you will be prosecuted for failing to provide ( like me). This will tip you into HRO process when it comes to getting your licence back . My ban was 32 months , reduced to 24 with drink drive course . I had no previous either.
You know more re your employment situation than me, but many employers are understanding , especially if the employee is up front with them . I’d get a solicitor.
Re your reading, yes it is very high ( mine too would have been). I decided to address my drinking . I’ve now got my licence back .
 
If you are lecturing with a contract you need to inform your employer ASAP. DD is a criminal conviction
So likely to be in your contract you need to tell them. Show remorse etc & so long as it doesn’t impact on your role you should be ok. They may do a minor disciplinary on you . But not telling them is the worst as breach of contract but also lack of honest etc
As for what will happen at court see earlier posts
I’m sure your employer will be ok
Lots to get your head around but lots of support on here
 
Thank you both for replying so quickly, that’s is really helpful. I am a recovering drinker who game up 20 months ago but had a relapse and made this monumental mistake as stupidly thinking I could moderate. As they say, if you want to beat a monster find a scarier one! This is the scariest one I’ve ever known so will not be drinking again!
 
As you are both ‘well-known members’ Are you aware of anyone across these found who have had a custodial sentence in a similar situation to mine?
 
Kerry

Welcome to the forum.

I always start by saying - at least you have not come to any harm and no one else has been harmed or inconvenienced which is the most important thing.

To answer your question - NO - you will not go to prison! The roadside reading of 135 cannot be used as an accurate indicator of your alcohol content, but as you have failed to provide at the station, you automatically become a High Risk Offender.

I blew 113 & 115 respectively (on the station machine) and I recieved a 28 month ban and 100 hours community service. Any reading at 120 or above, starts at a sentencing guideline of 29 months, but as I say, the Magistrates cannot go off the roadside reading, as the handheld devices are not deemed to be accurate evidence on their own.

I would suggest you are looking at least a two year ban. Because you are a HRO, you will fall into the lap of the Probation Service. The Magistrates can enforce three sanctions in addition to your ban - community service, a home detention curfew or a alcohol treatment programme which is a mandatory workshop you will attend over X number of days to address alcohol issues.

You will be eligible for the drink driving reduction course - you need to ask the Clerk of the Court to be put forward for this. I cannot advise you about enlisting the services of a solicitor as this is something you need to consider yourself.

You will need to do a HRO medical with the DVLA at the conclusion of your ban, but this is a long time off in the future, so I wouldn't even consider this yet. One step at a time!!!!

If you have a read through the site, there is lots of useful advice for anyone in your situation. Life might seem pretty s**t at present, but believe me when I say, it does get easier once the Court appearance is out of the way and you can start to move forward.

CJ
 
Help! I’m worried sick about court and custodial sentence. I have a clean licence, no previous convictions but I did get arrested for drunk and disorderly around 9 yeas ago. No caution as paid fine.

I was caught drink driving blew 135, taken to station, hysterical and very drunk refused to provide specimen. What will happen to me? Will I get custodial. Will they charge me for breath and the refusal? Isn’t this ridiculously high? I have good references, written a letter of remorse but still worried sick. I’m lecturing so this could be the end of that for me.
First of all, take a deep breath.

I blew 124 the first time I was stopped in 2017. Like you I was certain I would lose my job, but when I told my employer, they checked with HR who said that sacking me because I did not have a licence would be discriminatory against other people who could not drive and that provided I could get to where I needed to be, (difficult but doable,) then it was not a sackable offence.

However if you are a member of a Professional body then you need to report it to them. In my case I was nearing retirement so didn't bother as I had no intention of working in that particular field again.

You won't go to prison. Jails would be constantly filled with Drink Drivers if that were the case.

The 135 reading is NOT evidential. That needs to be recorded on a calibrated machine at the police station. You will be charged with failing to provide a sample. Plead guilty. You have no real defence. This will mitigate your fine and sentence.

But on another point, 135 is a very high reading. In Scotland it is 6.1 times the limit and in England it is 3.85 times the limit. You really do need to ask yourself some pointed questions about your drinking habits. You mentioned getting arrested for Drunk and Disorderly 9 years ago, so there is something of a trend involving alcohol.

I am in AA, so PM me if you want to talk further.
 
Kerry

Welcome to the forum.

I always start by saying - at least you have not come to any harm and no one else has been harmed or inconvenienced which is the most important thing.

To answer your question - NO - you will not go to prison! The roadside reading of 135 cannot be used as an accurate indicator of your alcohol content, but as you have failed to provide at the station, you automatically become a High Risk Offender.

I blew 113 & 115 respectively (on the station machine) and I recieved a 28 month ban and 100 hours community service. Any reading at 120 or above, starts at a sentencing guideline of 29 months, but as I say, the Magistrates cannot go off the roadside reading, as the handheld devices are not deemed to be accurate evidence on their own.

I would suggest you are looking at least a two year ban. Because you are a HRO, you will fall into the lap of the Probation Service. The Magistrates can enforce three sanctions in addition to your ban - community service, a home detention curfew or a alcohol treatment programme which is a mandatory workshop you will attend over X number of days to address alcohol issues.

You will be eligible for the drink driving reduction course - you need to ask the Clerk of the Court to be put forward for this. I cannot advise you about enlisting the services of a solicitor as this is something you need to consider yourself.

You will need to do a HRO medical with the DVLA at the conclusion of your ban, but this is a long time off in the future, so I wouldn't even consider this yet. One step at a time!!!!

If you have a read through the site, there is lots of useful advice for anyone in your situation. Life might seem pretty s**t at present, but believe me when I say, it does get easier once the Court appearance is out of the way and you can start to move forward.

CJ
The fact that someone falls into the category of the DVLA defined High Risk Offender by virtue of reading / fail to supply / 2nd offence within 20 years does NOT automatically lead to the of the Probation Service .
 
As you are both ‘well-known members’ Are you aware of anyone across these found who have had a custodial sentence in a similar situation to mine?
Hi Kerry . You will not go to prison although I would recommend you get a solicitor.
You will be categorised as a HRO according to DVLA definition which will have implications for the process when you reapply for your licence . Depending on the circumstances/ presentation of your case you may well just get a fine and ban ( like myself) , with the opportunity to reduce length via drink drivers course. A solicitor will advise you more but it will not necessarily prompt you having to be involved with the Probation Service . There are mixed views re whether it is worth hiring solicitors but all I can say is that it was totally worth it for me . You don’t need a drink drive specialist , a criminal lawyer, familiar with your local court will be great .
 
The fact that someone falls into the category of the DVLA defined High Risk Offender by virtue of reading / fail to supply / 2nd offence within 20 years does NOT automatically lead to the of the Probation Service .
Sorry : second offence within 10 years !!!!
 
Hi Kerry
This a great place for advice and reassurance. Polly is right, you will not go to prison, so try and and let that give you some comfort ( and maybe a little sleep, if not quality sleep! ) The rest will happen, you will be banned, and you will find a strategy to get through it all. Read the relevant threads on this site….Knowledge is Power they say. You will go into this process knowing what you might expect.
I wish I had discovered this forum earlier on in my journey.
If you have a professional body let them know as soon as possible. The Police usually let bodies like the NMC ( I am a nurse ) know, so far better to be proactive.
I had a solicitor….I think it cost around £250. The plus was that I had an opportunity to sit with him ahead of the case, and felt that proper process would be followed. One thing though….he advised me that character testimonials carry no weight. You will see on here that this is not the case. Fortunately I did take some with me, which the judge read ( no magistrates that day! ) They were more personal though, I would have taken some professional ones had I known. Unfortunately had just 14 days between arrest and court. And felt in a state of shock!
I received, after doing the DD course, 15 months. A fine, but no community service.
This was evidently a good outcome.
The charge? Well after I was arrested I recall a couple of numbers that I blew, I think 106 and 86, I’m not quite sure as it didn’t mean anything at the time.
The police could not have been nicer, made me several cups of coffee, gave me something to read, and even drove me 25 miles home, which I now realise courtesy of this site, that they don’t have to.
They kept me there some time, did a third breathalyser which was apparently ‘ still too high ‘. The charge eventually was Failure to Supply. People were surprised that I didn’t have a blood test. I suspect that might have aggravated the case.
it was a situation if my own making, and I was grateful that the police were professional and helpful….I now also know that this isn’t always the case.
I live in a village and could no longer get to work, however the manager of a local care home who knew me when I had been a Home Manager for Bupa offered me work, and even arranged lifts for me. That was six months in to my ban, and life turned round from that point.
Things do get better Kerry, it’s very difficult at this stage to see how that could be.
In know time at all you will be yesterday’s news….neighbours etc forget. Once you know what you’re dealing with you can get on with the fabric of your life
Good luck and stay close to this site.
 
The fact that someone falls into the category of the DVLA defined High Risk Offender by virtue of reading / fail to supply / 2nd offence within 20 years does NOT automatically lead to the of the Probation Service .

Polly

I was a first time offender in 2019 (absolutely no cautions or convictions) - I blew 113 & 115 (automatically in the HRO category) respectively and I was referred to the probation people for a pre-sentence report in the Magistrates. I then got 100 hours community service as well as the ban.

Even though Kerry's 135 reading was on a handheld roadside device (and cannot be treated as accurate evidence), she then failed to provide, there is a very strong possibility for some kind of sanction from the Magistrates that will involve a community order.

She will not be looking at a custodial sentence, but I will eat my hat if she doesn't receive some additional punishment to the driving ban. The two problem factors here are the initial high reading at the roadside and failing to provide at the station. The Magistrates bench don't like it when defendant's don't co-operate with the police (even when they are very distressed and emotional).

In my case, I was completely co-operative and apologetic with the police officers that dealt with me, but I still received a firm punishment because my reading was so high.

CJ
 
Polly

I was a first time offender in 2019 (absolutely no cautions or convictions) - I blew 113 & 115 (automatically in the HRO category) respectively and I was referred to the probation people for a pre-sentence report in the Magistrates. I then got 100 hours community service as well as the ban.

Even though Kerry's 135 reading was on a handheld roadside device (and cannot be treated as accurate evidence), she then failed to provide, there is a very strong possibility for some kind of sanction from the Magistrates that will involve a community order.

She will not be looking at a custodial sentence, but I will eat my hat if she doesn't receive some additional punishment to the driving ban. The two problem factors here are the initial high reading at the roadside and failing to provide at the station. The Magistrates bench don't like it when defendant's don't co-operate with the police (even when they are very distressed and emotional).

In my case, I was completely co-operative and apologetic with the police officers that dealt with me, but I still received a firm punishment because my reading was so high.

CJ
I agree that she might but it is absolutely not inevitable, and none of us can say for sure . I was in exactly the same situation as Kerry at Manchester City Mags Court in June 2019 and got a large fine and a ban . No Probation involvement . Like you I was just sharing.
 
I agree that she might but it is absolutely not inevitable, and none of us can say for sure . I was in exactly the same situation as Kerry at Manchester City Mags Court in June 2019 and got a large fine and a ban . No Probation involvement . Like you I was just sharing.

Polly

I think sometimes it falls down to the Magistrates and their respective personalities. The lead Magistrates on the bench who dealt with my case was a lady who seemed to have a proper bug bear with drink drivers and anything that compromised road safety. She was perfectly courteous with me but she clearly intended giving me a decent punishment!!!!

CJ
 
Polly

I think sometimes it falls down to the Magistrates and their respective personalities. The lead Magistrates on the bench who dealt with my case was a lady who seemed to have a proper bug bear with drink drivers and anything that compromised road safety. She was perfectly courteous with me but she clearly intended giving me a decent punishment!!!!

CJ
You’re right. But anyway , getting it over and done with is great . Onwards and upwards thereafter .
 
Thank you everyone, that’s one big relief. I’m so thankful I found this group and really appreciate your support and advise. As you probably know situations like this can feel very isolating!
 
Hi Kerry,

My situation is very similar to yours. I blew 103 at roadside but was charged with failure to provide at the station as I was hysterical and panicking. I’m a secondary school teacher. I told my boss the next day. I also had to inform the General Teaching Council and they are currently investigating which will lead to a hearing in a few months. I received an 18 month ban reduced to 13.5 after doing the course and a whacking fine £1250 plus court costs. I think this is fair given the circumstances.

It’s a dreadful situation to be in but the first few weeks are the worst - such a mix of emotions and the shame/guilt is overwhelming at times. You are not a bad person, you made a bad decision. Alcohol is the devil but you know this already.
Please keep posting on here - it literally kept me going in those early weeks x
 
Hi Kerry,

My situation is very similar to yours. I blew 103 at roadside but was charged with failure to provide at the station as I was hysterical and panicking. I’m a secondary school teacher. I told my boss the next day. I also had to inform the General Teaching Council and they are currently investigating which will lead to a hearing in a few months. I received an 18 month ban reduced to 13.5 after doing the course and a whacking fine £1250 plus court costs. I think this is fair given the circumstances.

It’s a dreadful situation to be in but the first few weeks are the worst - such a mix of emotions and the shame/guilt is overwhelming at times. You are not a bad person, you made a bad decision. Alcohol is the devil but you know this already.
Please keep posting on here - it literally kept me going in those early weeks x

Shoegal

Over the last couple of years, I have read about other teachers who have fallen foul of the breathalyzer - they attended a misconduct hearing and were allowed to remain in the teaching profession because their skills would be a loss to the world of education if they were barred from teaching. Hopefully, the GTC will follow the same path with your good self, and you can move forward and put all this behind you. I'll keep my fingers crossed for you.

CJ
 
Thank you CJ, I appreciate those kind words. As the new term nears I’m getting increasingly anxious. I keep thinking that this time next year it will all be behind me and I can move forward. Until then, I’ve just got to own what I’ve done and try to be a better person. I will NEVER drink drive again. None for the road in the future x
 
Hi Kerry,

My situation is very similar to yours. I blew 103 at roadside but was charged with failure to provide at the station as I was hysterical and panicking. I’m a secondary school teacher. I told my boss the next day. I also had to inform the General Teaching Council and they are currently investigating which will lead to a hearing in a few months. I received an 18 month ban reduced to 13.5 after doing the course and a whacking fine £1250 plus court costs. I think this is fair given the circumstances.

It’s a dreadful situation to be in but the first few weeks are the worst - such a mix of emotions and the shame/guilt is overwhelming at times. You are not a bad person, you made a bad decision. Alcohol is the devil but you know this already.
Please keep posting on here - it literally kept me going in those early weeks x

You did well… I blew 102 and received 24 reduced to 18, and a slightly higher fine (district judges rather than magistrates for you I guess). I was happy with no community order mind.
 
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