RoSPA Drinking and Driving Policy Paper 2007

The Royal Society for the Prevention of Accidents
Drinking and Driving Policy Paper
Updated May 2007
Evidential Roadside Breath Testing
Currently drivers who fail a roadside breath test have to be taken to a police station
for a second test; roadside breath test results are not admissible evidence in court.
However, powers to enable the police to use evidential roadside breath tests were
included in the Serious Organised Crime and Policing Act 2005, which means they
will no longer have to take a person who fails a breath test to a police station for a
second test, but can use the roadside test as evidence in court. This means that
Police Officers can spend more time on patrol and test more suspected drink drivers
with the same level of resources.
Penalties for Drink Drive Offenders
There are stringent penalties for drink drive offenders. The maximum term of
imprisonment for ‘Causing Death by Careless Driving Whilst Under the Influence of
Alcohol or Drugs’ was increased from 10 years to 14 years by the Criminal Justice Act
2003. The government intends to extend the penalties, and in particular to require
repeat drink drivers to re-take the driving test (after their period of disqualification)
before they can drive again. They also intend to expand the use of rehabilitation
schemes for offenders because those who attend such schemes are between 2 – 3
times less likely to re-offend than those who do not attend. 14
Sentencing policy for convicted road traffic offenders makes an important contribution
to improving road safety and to achieving the casualty reduction targets set in the
Road Safety Strategy. Sentencing policy should complement and support other road
safety measures, such as education and training to produce better, safer drivers who
are less likely to offend, and high profile enforcement, so drivers know there is a
strong chance of getting caught if they behave dangerously.
From a road safety point of view, the most important aim of sentencing should be to
change the attitudes and behaviour of the individuals being sentenced and also of the
wider driving public. Sentencing policy can help to:
• change the attitudes, skills and behaviour of convicted offenders
• remove convicted offenders from the road for their period of disqualification or
imprisonment
• influence the behaviour of other drivers and riders who hear/read about the
sentences imposed for particular offences.
It is essential that wider use is made of sanctions designed to change offenders’
behaviour, such as re-training, rehabilitation courses, and re-testing. Greater
consideration should be given to their compulsory, rather than discretionary, use.
Consistency in Sentencing Policy
Consistency in the use of sentences is also important. Although, each case must be
judged on its individual circumstances, it seems likely that greater consistency in
sentences for similar offences would enhance their deterrent effect, and help to
address the public disquiet that is often expressed when offenders receive
(seemingly) inappropriately light sentences.
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