is a ban discretionary

[acer62]

i failed a breathalyser at the station - my reading was 50 microgrammes - the constable taking my fingerprints said that at this level i may not receive a ban - but i thought it was mandatory - does anyone know the answer - and why would a policeman have said this to me??

 

[Forum Moderator]

i failed a breathalyser at the station - my reading was 50 microgrammes - the constable taking my fingerprints said that at this level i may not receive a ban - but i thought it was mandatory - does anyone know the answer - and why would a policeman have said this to me??

It depends on exactly what you have been charged with. If you have been charged with 'In charge of a vehicle while unfit through drink or drugs' or 'In charge of a vehicle with excess alcohol' then yes a ban is discretionary and dependant on the level of alcohol/impairment.

If you have been charged with 'Driving or attempting to drive with excess alcohol' then a driving ban is mandatory.

 

[wood1beez]

As far as i am aware 40 and above is a minimum 12 months (9 with course) I'm surprised you were told that did they not charge you? take your dna etc?