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RoSPA Drinking and Driving Policy Paper 2007

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The Royal Society for the Prevention of Accidents<br />

<strong>Drinking</strong> <strong>and</strong> <strong>Driving</strong> <strong>Policy</strong> <strong>Paper</strong><br />

Updated May <strong>2007</strong><br />

2. THE LAW<br />

It is illegal to drive a motor vehicle on a public road with more than either:<br />

35 microgrammes of alcohol per 100 millilitres of breath (BRAC of 35ug/100ml) or<br />

80 milligrammes of alcohol per 100 millilitres of blood (BAC of 80mg/100ml = 0.80<br />

promille)<br />

Section 6 of the Road Traffic Act 1988 allows the police to test any driver who:<br />

• they have reasonable cause to suspect has been driving or attempting to drive<br />

with alcohol in his body<br />

• has committed a moving traffic offence<br />

• has been involved in an accident.<br />

A person failing to provide a breath test is guilty of an offence, unless there is a<br />

reasonable excuse.<br />

Table 1: Drink Drive Offences <strong>and</strong> Penalties<br />

Offence<br />

Penalties<br />

<strong>Driving</strong> while unfit through drink or up to 6 months imprisonment<br />

drugs or with excess alcohol; or <strong>and</strong>/or a fine of up to £5,000<br />

failing to provide a specimen for <strong>and</strong> a minimum of 12 months disqualification.<br />

analysis<br />

There is a minimum of three years<br />

disqualification for a second offence.<br />

Causing death by careless driving<br />

under the influence of drink or drugs<br />

Up to 14 years imprisonment<br />

<strong>and</strong>/or an unlimited fine<br />

<strong>and</strong> a minimum of two years disqualification.<br />

Convicted offenders are also likely to have to pay up to five times the normal motor<br />

insurance premium once they are legally allowed to drive again. They will also be<br />

unable to hire a car from most car rental firms for ten years.<br />

High Risk Offenders<br />

The High Risk Offender (HRO) scheme is targeted at drivers whose apparent<br />

dependency on alcohol presents a risk to road safety. Drivers are classed as High<br />

Risk Offenders if they :<br />

• had an alcohol level at least two <strong>and</strong> half times the legal limit, or<br />

• had been convicted of an earlier drink driving offence in the previous ten years, or<br />

• had been convicted of failing without reasonable cause to provide a specimen for<br />

analysis.<br />

2

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