Stopped by police, blew 45, provided blood which came back at 81

[janeyb]

I was stopped by police asked had I been drinking, I said I had, I had to wait for 20 mins by the roadside before I was breathalyser, I failed, was taken to police station blew 45 then 44, was offered blood test had this done, taken back to desk breathalyser again this time blew 35 was then driven back to my car and allowed to drive home. My blood test has now come back at 81 meaning I am 1 mil over, what are the chances that I get away with loosing my licence. I am a 59 year old woman, never had any conviction of any kind, full clean licence? I am so worried, got to go to court on 3rd July.

 

[ukboxer]

I was stopped by police asked had I been drinking, I said I had, I had to wait for 20 mins by the roadside before I was breathalyser, I failed, was taken to police station blew 45 then 44, was offered blood test had this done, taken back to desk breathalyser again this time blew 35 was then driven back to my car and allowed to drive home. My blood test has now come back at 81 meaning I am 1 mil over, what are the chances that I get away with loosing my licence. I am a 59 year old woman, never had any conviction of any kind, full clean licence? I am so worried, got to go to court on 3rd July.

Hi,

Unfortunately a disqualification is mandatory for a drink driving offence. I guess enforcement has to start somewhere but it is even more unfortunate that you are at the minimum level for prosecution (as you say 1ml over).

The sentencing guidelines for a blood level of 81ml is a disqualification of 12 - 16 months with a band C fine which is a range of 125% - 175% of relevant weekly income. For a first time offence with such a low reading I would expect 12 months to be imposed which is the minimum.

If not offered by the Magistrates you should request to be referred to the Drink Driving Rehabilitation Course which once completed will reduce any disqualification period by upto 25%.