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My story.....so far - 2 pints and over the limit!

Muppet

New member
#1
About 4 weeks ago, after a busy day where i skipped lunch I had an hour to kill before I had to do the usual kids run for football/scouts. I had been been out and about most of the day and decided to call into a pub for a quick drink.

AT about 6.45pm, two pints later within an hour I picked up one of my kids and dropped him off at his Scouts session. Heading for home which was only a couple of miles away, I approached a van coming the other way. Just I he was about level with me a motorbike tried to overtake the van, clipped my mirror and slid off into the hedge. Luckily the guy on the bike was OK. On paper it was his fault, but we will have to see.......

The ambulance arrived followed by the Police and having explained what happened I was invited to blow! - I Failed!

The Police officer was a surpised as I was that I failed, and after being read my rights I was whisked off to the police station.

At the station my breath reading was 42.

Because of the lowish reading I was given the option of a blood test. The test was taken at 9.00pm, I was interviewed on tape, fingerprinted, photo'd, and a DNA sample taken.

It had to be the most humiliating event in my life, but at least I wasnt handcuffed and/or locked in the cells!!!

I have to say that the Police Officer was very understanding, very professional and was equally surprised that I had failed the breath test.

I was bailed til the 10th June.

A further breath test at about 10:30pm gave a pass and I was taken back to my car and allowed to drive it home.

Anyway, 4 weeks later I have to surrender to bail at the police station tommorrow. I received a brief call from the police officer today to confirm that I was going to be there tommorrow, and when pressed he said that the blood test had come back above the limit (which i understand is 80).

I have accepted that I will receive a ban, hopefully the minimum, but the whole sorry affair has opened my eyes to the reality of drink driving. I always though that a couple of pints was OK. How wrong can you be!!!

I guess that not having anything to eat or drink all day was the main factor, but I hope anybody reading this can learn from my mistake. I stand to lose my Job (maybe), and if so struggle to support my wife and three kids.

LESSON LEARNT (ALBEIT A BIT LATE) !!!!!

I will post an update..........
 
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Muppet

New member
#2
Re: My story.....so far

UPDATE: Just back from the Police Station. Blood Test results were 86. Got to attend court on 30th June. I accept that I will be getting a ban and a fine. :(

Will just have to see what happens!
 
#3
Re: My story.....so far

UPDATE: Just back from the Police Station. Blood Test results were 86. Got to attend court on 30th June. I accept that I will be getting a ban and a fine. :(

Will just have to see what happens!
Your story really does go to show that it takes a lot less than a lot of people may think to become a drink driver and subsequently a 'criminal'.

I am going to sticky this thread as it shows the reality of how easy it is to become a drink driver, even with the best intentions. I think the only safe and sensible thing to do is do not drink ANY alcohol before driving. I think them two pints of lager will prove to be the most costly you will ever consume in your life.

Best of luck with your court case, let us know how you get on.
 
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Muppet

New member
#4
Been to court today. I must admit the whole experience was not as bad as I was expecting. Having waited nearly two hours for a 15 minute hearing, I was taken into the court. I chose not to enlist the services of a solicitor and offered my own very brief mitigation/apology to the court. I did however have a brief chat with the duty solicitor before the case.

In summary I received a 9 month ban, having deducting the 3 month reduction for completing the 18 hour (over three days) alcohol awareness course. Fine was £268 plus £43 costs and a £15 surcharge. The court agreed to let me pay £100 per month.

On another plus note, my boss was very sympathetic and we have agreed to a slight change in working arrangements for 9 months. I have to say that the possibility of losing my job was the biggest concern.

O' well, time to move on..........., but it will be Orange juice and Coke only after April 2010 when im back on the road!
 

Muppet

New member
#5
.....Well I am back on the road.

Getting the licence back went without a hitch, the DVLA sent the reminder out 56 days before the end of my ban. Having completed the form and sent off the fee, my licence was back with me less than 2 weeks later. Rather surprisingly, I was pleased to see that the DVLA had not removed any of my "grandfather rights" for additional classes of vehicles.

Overall the 9 months went very quickly despite the fact that I was using public transport during the worst winter I can remember. My employer has been fantastic about the whole thing, and I have my company car back now as well.

Compared to some of the horror stories on here and people losing their job, house, partner etc, I consider myself very very lucky. It all seems like a horrible nightmare now, but I wont ever be driving again after drinking any alcohol.
 
#6
My breath test also came back 42.
I really don't know what I was thinking getting in the car! Happened 2 weeks ago and I am now waiting on blood test results ..

I'm still young & live with my parents, they will destroy me if they find out! I really hope I don't lose my licence. All because of a moment of stupidness :( I've felt so low since it happened & really don't know what I'm going to do.

On top of that, I just got a new car worth thousands of pounds. To think that I might not get the chance to drive it for a year is absolutely soul destroying.
 
#7
Does anyone know what will happen to me?
Will I lose my licence?

I wasn't handcuffed & fully co-operated but spent about 4 or 5hrs in a cell then passed the breath test & got to drive away. I didn't cause any harm to anyone but I didn't have my lights on when I should have & they said I went through a red light, which I dont think is true. The roads where empty because it was late at night.

I would rather know just now what is going to happen because I am honestly losing sleep and hair over this, lol .. please help.
 
#8
My breath test also came back 42.
I really don't know what I was thinking getting in the car! Happened 2 weeks ago and I am now waiting on blood test results ..

I'm still young & live with my parents, they will destroy me if they find out! I really hope I don't lose my licence. All because of a moment of stupidness :( I've felt so low since it happened & really don't know what I'm going to do.

On top of that, I just got a new car worth thousands of pounds. To think that I might not get the chance to drive it for a year is absolutely soul destroying.

Does anyone know what will happen to me?
Will I lose my licence?

I wasn't handcuffed & fully co-operated but spent about 4 or 5hrs in a cell then passed the breath test & got to drive away. I didn't cause any harm to anyone but I didn't have my lights on when I should have & they said I went through a red light, which I dont think is true. The roads where empty because it was late at night.

I would rather know just now what is going to happen because I am honestly losing sleep and hair over this, lol .. please help.
Once a blood specimen has been provided then any breath specimen given will be discarded and will become irrelevant. What will happen will depend upon the results of your blood test. If the results prove you were under the legal limit then no further action will be taken, if they prove you were over the legal limit then you will be charged accordingly and will be bailed to appear at a magistrates court.

Based on your breath reading of 42 it is likely that IF your blood test result proves you were over the limt then you will fall into the lower sentencing bracket which is band C fine and a 12-16 month disqualification upon conviction of driving with excess alcohol. You should also be given the opportunity to complete the drink driving rehabilitation course which can reduce any period of disqualification by up to 25% once completed.

The only thing you can do is wait for the return of the blood test results.
 

latin

New member
#9
I've just been charged with being 'In charge of a vehicle and exceeding the alcool limit'. My vehicle was stationary (parked) with engine on and i was breathelized with 90 micrograms of alcohol in 100ml of breath.
I only drove 800 yards and i was going to see my young daughter who wasn't well ( my wife and i are separated).
I'm due to the court next week.
I have a clean criminal record and have never offended before.
What do i risk ?
 
#10
Once a blood specimen has been provided then any breath specimen given will be discarded and will become irrelevant. What will happen will depend upon the results of your blood test. If the results prove you were under the legal limit then no further action will be taken, if they prove you were over the legal limit then you will be charged accordingly and will be bailed to appear at a magistrates court.

Based on your breath reading of 42 it is likely that IF your blood test result proves you were over the limt then you will fall into the lower sentencing bracket which is band C fine and a 12-16 month disqualification upon conviction of driving with excess alcohol. You should also be given the opportunity to complete the drink driving rehabilitation course which can reduce any period of disqualification by up to 25% once completed.

The only thing you can do is wait for the return of the blood test results.
Thanks for the reply!

So I will lose my licence if the blood test results are 80 or above?
I may aswell face the fact that I will :(

I'm only 20, will I have to sit my test(s) all over again? I've had my licence for over 2 years ...

If I'm told I'm going lose my licence would there be absolutely anything that I could do to prevent it?

Thanks again.
 

BT_Boy

Well-known member
#11
I've just been charged with being 'In charge of a vehicle and exceeding the alcool limit'. My vehicle was stationary (parked) with engine on and i was breathelized with 90 micrograms of alcohol in 100ml of breath.
I only drove 800 yards and i was going to see my young daughter who wasn't well ( my wife and i are separated).
I'm due to the court next week.
I have a clean criminal record and have never offended before.
What do i risk ?
Hi, hope you are keeping well. I was 84mg of breath and I received a 20 month ban and a fine of £375. Hopefully a mod can clear this up but I think a reading of 90 classifies you as 'high risk' REMEMBER i'm not sure yet. So i'm guessing.

It'll all be over soon and believe me you'll come out feeling a new person. I feel funnily enough a better person since I lost my license. :D
 
#12
Thanks for the reply!

So I will lose my licence if the blood test results are 80 or above?
I may aswell face the fact that I will :(

If I'm told I'm going lose my licence would there be absolutely anything that I could do to prevent it?
If your blood test results show your were over the legal limit of 80 milligrams of alcohol per 100 millilitres of blood you will be charged and upon conviction of driving with excess alcohol there is a mandatory minimum 12 month disqualification. There is nothing you can do to prevent this. The only thing that you can do is take the drink driving rehabilitation course in order to reduce the length of any period of disqualification imposed.

I'm only 20, will I have to sit my test(s) all over again? I've had my licence for over 2 years ...
Magistrates do have the discretion to order any person disqualified for a drink driving related offence to re-take their driving test, however in your case it is unlikely.
 
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#13
I've just been charged with being 'In charge of a vehicle and exceeding the alcool limit'. My vehicle was stationary (parked) with engine on and i was breathelized with 90 micrograms of alcohol in 100ml of breath.
I only drove 800 yards and i was going to see my young daughter who wasn't well ( my wife and i are separated).
I'm due to the court next week.
I have a clean criminal record and have never offended before.
What do i risk ?
If convicted of being in charge of a vehicle with excess alcohol with a breath reading of 90, sentencing guidelines suggest a band C fine or a community order AND either 10 points on your driving licence or a period of disqualification of up to 6 months.

If you are disqualified for this offence then you will be classed as a high risk offender due to the amount of alcohol in your system.



High Risk Offenders are drivers who:
  • Have been disqualified by order of a court for being over two and a half times the legal drink driving limit with a blood alcohol content that equalled or exceeded:

    (i) 87.5 microgrammes per 100 millilitres of breath, or
    (ii) 200 milligrammes per 100 millilitres of blood, or
    (iii) 267.5 milligrammes per 100 millilitres of urine; OR
  • Have been disqualified by order of a court for failing, without reasonable excuse, to provide a specimen for analysis when ordered to do so pursuant to section 7 of The Road Traffic Act; OR
  • Have been disqualified on two or more occasions within a period of 10 years for any drink drive offence.
A high risk offender will need to satisfy the DVLA of their fitness to drive by taking a DVLA medical before their driving licence is returned to them.
 
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#14
If your blood test results show your were over the legal limit of 80 milligrams of alcohol per 100 millilitres of blood you will be charged and upon conviction of driving with excess alcohol there is a mandatory minimum 12 month disqualification. There is nothing you can do to prevent this. The only thing that you can do is take the drink driving rehabilitation course in order to reduce the length of any period of disqualification imposed.



Magistrates do have the discretion to order any person disqualified for a drink driving related offence to re-take their driving test, however in your case it is unlikely.
Ok, thanks again.
 
#15
Well, my citation came through the door today!
As expected I was over the limit! My blood came back an 86.
The reasons they stopped me were;

1) I failed to stop at a red light.
2) I didn't have my lights on.
3) I obviously failed the breath test blowing a 42.

I fear there going to be really hard on me.
To think that I am now a criminal is unbelievable! Depressing stuff.

I have to attend court on the 7th of March and have faced the fact that I will lose my licence & get quite a big fine :( At the end of the day it is completely my own fault & I will have to suffer the consequences! I haven't touched any alcohol since this happend back in Decemeber .. turns my stomach just thinking about it. Aswell as the thought of going to court!

I am a nervous wreck.

If theres ANY advice you could give me it would be very much appreciated,
Thanks.
 
#16
Hi,

Couldn't leave you hanging there without a response... so

First off, i think you have a good attitude; you made a mistake and it is wise to let the court know that you are sorry and regret the decision. You just need to relax and be yourself so this can come across. Think through (even write down) your story of the events well in advance, so you are well rehearsed to explain what happened, and why you did what you did (mitigation). This helped me prepare.

Think about getting a solicitor. I didn't, and had a similar reading to yourself. Either way, you will get to speak to the duty solicitor on the day in court which will help you and feel like you are not on your own - you can use them if you want to for FREE. I don't think i needed one on reflection.

You should get offered the alcohol awareness course; may advice is to take it- it really helped me get closure. It made me feel like I wasn't alone, and when we shared our stories with each other I realised in comparison, I had been well behaved!

You will feel sick for a while with guilt about the incident, but it will pass. I didn't drink for a while either. Now I try to look at the positives - like recognising i had a problem with alcohol, and how it taught me a lesson, gave me a reality check and that I was lucky not to hurt anyone.

On a negative note - and i'm sorry to raise this but i think you should be prepared - does your local area print out the court sentences in the local paper? Mine did, and that was the worst part of it for me. I just think you should be aware of this if you haven't thought of it. Not every case gets in the paper (yours is relatively slight) but some print ALL the court results for that week. Just a heads up. My dad broke this news to me!

good luck, any other queries just ask me. Move forward now with your head high, except the responsibility and remember the important thing is not to repeat our mistakes.

Take it easy (try)

xav
 
#17
Thanks Xav!

I feel I am prepared although I'm still very nervous!!
I really don't know what to expect .. I know my licence is gone and I know I'm going to get a big fine. I came to terms with this a while ago.

Most of all I feel really bad to have let down my family like this because I am a real quiet person so it was a real shock to them. I think I'm the first person in my family to ever have a criminal record! :(

Monday is D-day .. I will post an update then.

And thanks again for the info!! Very, very much appreciated.
 
#18
Hi, hope you are keeping well. I was 84mg of breath and I received a 20 month ban and a fine of £375. Hopefully a mod can clear this up but I think a reading of 90 classifies you as 'high risk' REMEMBER i'm not sure yet. So i'm guessing.

It'll all be over soon and believe me you'll come out feeling a new person. I feel funnily enough a better person since I lost my license. :D

Hi I have just joined the forum after being stopped a week or so ago. Very similar story to yours, 42 breath test reading. Took the option of the blood test and have sent mine off privately to be analysed (£165) Got that result back today of 86. Absolutely gutted. I have read that up to a reading of 86 police may not prosecute what is the truth in this. The man that rang me with the results also said this, that they have to allow a 6% tolerance or 6 unit statistical anomally whatever is the greatest. I drove a short distance half a mile maybe and was outside my house with the engine off and the door open when the police pulled up behind me. Should have walked, but wanted to be home on time. What a muppet!!! :(
 
#19
Court last week resulted in me losing my licence for a year and a £330 fine. I decided to get a solicator while at court aswell which was £250 plus VAT which bumped it upto £300 so yeah, it was a dear day out, lol.

(42 - breath)
(86 - blood)

I completely forgot to ask about being put on the course to reduce my ban a little. Gutted! I would have been back on the road for Christmas. :(

Court wasn't as bad as I thought it would be to be honest, although I did feel out of place when you see some of the people that are there too.

Lets hope its a quick year!!
 
#20
Gutted 1,

I'm sorry to tell you that a reading of 86 will result in a prosecution; even with a 6% tolerance taken into account. Blood tests are black or white, 80 or over results in prosecution. Breath tests are different, some forces prosecute at 35, others 40.

All the best.
 
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