is ban discretionary

[acer62]

i was breathalysed at a police station last night and the reading was 50 microgrammes - the constable who took my fingerprints said that it was possible at this reading that the magistrates may not imply a driving ban - however i though it was mandatory for any level over 35 - is it??

 

[SeanJoyceStephensons]

This depends on whether you are convicted of drink driving or being drunk in charge.

The legal limit in this country is 35mg in breath. Anything more than this puts you over the drink drive limit.

For drink driving a ban is madatory. The minimum period is 12 months, although the courts will impose longer bans for higher readings (see the guidelines on this site). The ban can be reduced by 25% if you successfully complete the rehabilitation course. This course must be offered to you when you are sentenced by the court. You cannot go back later to ask for it.

For the offence of Being Drunk in Charge, the position is slightly different. The ban is discretionary, not mandatory. However, if the court decides to exercise it's discretion not to ban you then it must impose 10 penalty points instead.