It's surprising how much someones breath can smell of alcohol to a non-drinker. The MacDonalds worker probably smelt the alcohol on the drivers breath.
Technically he has been caught in a privately owned carpark NOT on a public road..get a good lawyer who specialises in D&D statutes
Even if the car park wasn't generally open to the public, it would still have little relevance, given that he would have had to use a public road to get to the car park.
I'm assuming he went to McDonalds the next morning after a night out, so probably assumed he'd slept it off.
In this scenario how is anyone supposed to know at what point they are now fit to drive?
For instance if I have 6 pints of lager at 2 units per pint between the hours of 8pm and 12pm, at what point the next day will I be legal to drive?[/QUOTE]
There is no universal rule, It depends on so many factors
I'm assuming he went to McDonalds the next morning after a night out, so probably assumed he'd slept it off.
In this scenario how is anyone supposed to know at what point they are now fit to drive?
For instance if I have 6 pints of lager at 2 units per pint between the hours of 8pm and 12pm, at what point the next day will I be legal to drive?[/QUOTE]
There is no universal rule, It depends on so many factors
Won't wash. I got a driver banned for 3 years and fined £100 back in the 1970s even though he was in a pub car park at the time. he didn't start the car - he was too drunk, but was done for drunk in charge. The fact that the car park had no gates meant that the Road Traffic Act applied. (His lawyer argued the point that it was private and lost!)
So expect a ban - and a huge - and I mean HUGE thump in your insurance (if not total refusal) for the next 10 years, as well as as potential ban on getting into the USA, Canada, Australia or New Zealand.
(Note: IIRC a driving ban stays on your license for 10 years, so has to be revealed even under the Rehabilitation of Offenders Act)
It's still an offence to drink drive on private property if the public have regular access to it. Even on your own drive if the postman has access to it.
I got a two year ban about ten years ago, i did a drink drive course, got access to their specialist insurers and my insurance was cheaper than before my ban.
There is no way of actually knowing, You take a cautious approach and if you get it wrong you pay the price
If you don't know your whether you are safe or not then use public transport
Sound advice here, when we've calculated blood alcohol results in the lab, there are standard approaches to the amount of alcohol people eliminate from their body in a given hour, once they've STOPPED drinking....
But factors such as body mass, metabolic disorders etc all effect an individual elimination rate... Truth is if you're in doubt you shouldn't drive, common sense prevails to be honest and ignorance is no real excuse!
I'm assuming he went to McDonalds the next morning after a night out, so probably assumed he'd slept it off.
In this scenario how is anyone supposed to know at what point they are now fit to drive?
For instance if I have 6 pints of lager at 2 units per pint between the hours of 8pm and 12pm, at what point the next day will I be legal to drive?
It would be very weak lager to be only 2 units per pint, but that's 12 units and you eliminate about one unit per hour (depending on lots of other factors), so you would be alcohol free at about noon (safe to drive about 10am?).
If it is normal strength lager with 3 units per pint, then it takes you to 6pm (safe to drive at 4pm).
Note, these are approximations, a lighter person will eliminate alcohol at a much slower rate.
It would be very weak lager to be only 2 units per pint, but that's 12 units and you eliminate about one unit per hour (depending on lots of other factors), so you would be alcohol free at about noon (safe to drive about 10am?).
If it is normal strength lager with 3 units per pint, then it takes you to 6pm (safe to drive at 4pm).
Note, these are approximations, a lighter person will eliminate alcohol at a much slower rate.
So you only eliminate them once you've stopped drinking then, and you don't lose a unit per hour whilst still consuming?
I'd imagine a fair proportion of drinkers are over the limit then on their way to work based on your figures:o
[QUOTE=radcliffe95;73569767]So you only eliminate them once you've stopped drinking then, and you don't lose a unit per hour whilst still consuming?
I'd imagine a fair proportion of drinkers are over the limit then on their way to work based on your figures:o[/QUOTE]
No. How does your liver know you've stopped drinking. It can't decide. It gets on with processing it as soon as it receives alcohol. I'm amazed how many people believe this.
So you only eliminate them once you've stopped drinking then, and you don't lose a unit per hour whilst still consuming?
I'd imagine a fair proportion of drinkers are over the limit then on their way to work based on your figures:o
It's not quite so simple. Initially your body will be absorbing alcohol so the level will rise to a peak then begin to tail off. How long the rise and fall take is the hard part to determine as nearly everyone will react differently.
But while you are drinking your alcohol level will be in the rising phase, not the falling phase and is likely to still be rising some time after you stop drinking.
It's not quite so simple. Initially your body will be absorbing alcohol so the level will rise to a peak then begin to tail off. How long the rise and fall take is the hard part to determine as nearly everyone will react differently.
But while you are drinking your alcohol level will be in the rising phase, not the falling phase and is likely to still be rising some time after you stop drinking.
This is kids right, you do eliminate as you drink but continue once you stop, depending on the units, spirits via beers etc you while steadily excrete.. however as said, numerous factors are in play, which is why sleep is key to eliminating alcohol in the blood, so a big bender then a few hours sleep will leave you well over the limit the next morning...
A rather idealistic estimation is that it takes around 1 hour per unit to be processed out of your body.
And this really is an estimation, depends on many factors, body weight, food ingested, sex, ethnicity etc etc.
when you drive in France you have to carry little breathalysers with you, they may give you an indication, but aren't as accurate as the tests the Police use
Hi, just to add to this mess what if the driver had lost his motorcycle licence 8 years ago for drink driving also?
More info, after the arrest there was no second breath test nor any blood or urine samples given, nor any statement as he collapsed in the policd car and doctors had no permission from him to take a blood sample. How reliable is the road side breathalyser and does it hold up in court?
Please note this person is NOT me. Thanks for the advice plz keep it coming
Hi, just to add to this mess what if the driver had lost his motorcycle licence 8 years ago for drink driving also?
More info, after the arrest there was no second breath test nor any blood or urine samples given, nor any statement as he collapsed in the policd car and doctors had no permission from him to take a blood sample. How reliable is the road side breathalyser and does it hold up in court?
Please note this person is NOT me. Thanks for the advice plz keep it coming
2 year ban for not providing a blood test. He doesn't need to give permission for a blood test it's a requirement.
He was pissed driving a car and you want to support him
Hi, just to add to this mess what if the driver had lost his motorcycle licence 8 years ago for drink driving also?
More info, after the arrest there was no second breath test nor any blood or urine samples given, nor any statement as he collapsed in the policd car and doctors had no permission from him to take a blood sample. How reliable is the road side breathalyser and does it hold up in court?
Please note this person is NOT me. Thanks for the advice plz keep it coming
In that instance I'd say a ban is guaranteed.
A jury is well within their right to convict somebody of drink driving even without a breath test if there is enough 'other evidence'.
When it comes to somebody that is intoxicated to the point of loss of consciousness I don't think the CPS would find it hard to build the case, nor would a jury find it hard to convict.
Hi, just to add to this mess what if the driver had lost his motorcycle licence 8 years ago for drink driving also?
More info, after the arrest there was no second breath test nor any blood or urine samples given, nor any statement as he collapsed in the policd car and doctors had no permission from him to take a blood sample. How reliable is the road side breathalyser and does it hold up in court?
Please note this person is NOT me. Thanks for the advice plz keep it coming
Seriously? He collapsed in the police car? Due to drink?
If so he ought to be strung up from the nearest bloody lamp post by his gonads and have his license removed permanently.
As it is he's bound to get a ban. I hope it's as long as possible.
*Sigh* The DS Advice forum is now basically the Jeremy Kyle Show. Though I suppose it's a lot more fun getting angry and moralizing than it is giving people actual advice . . . . .
OP - Assuming that your friend was multiple times over the limit, and that he already has a conviction for drink driving, a prison sentence isn't impossible. Though some sort of rehab mandate is more likely - the court will probably force him to attend AA. A 3 year ban and heavy fine is almost certain.
In terms of whether you continue to support him as a friend, that's up to you. Though I would say that if you can help someone change their ways and support them through hard time that's a good thing to do.
*Sigh* The DS Advice forum is now basically the Jeremy Kyle Show. Though I suppose it's a lot more fun getting angry and moralizing than it is giving people actual advice . . . . .
OP - Assuming that your friend was multiple times over the limit, and that he already has a conviction for drink driving, a prison sentence isn't impossible. Though some sort of rehab mandate is more likely - the court will probably force him to attend AA. A 3 year ban and heavy fine is almost certain.
In terms of whether you continue to support him as a friend, that's up to you. Though I would say that if you can help someone change their ways and support them through hard time that's a good thing to do.
^ This is an excellent post, especially the bit in bold.
Comments
Fortunately that loop hole in the law was filled in many years ago.
Even if the car park wasn't generally open to the public, it would still have little relevance, given that he would have had to use a public road to get to the car park.
In this scenario how is anyone supposed to know at what point they are now fit to drive?
For instance if I have 6 pints of lager at 2 units per pint between the hours of 8pm and 12pm, at what point the next day will I be legal to drive?
Why are you assuming he went the next morning after a night out.
The only time I'd dream of going there:D
It's still an offence to drink drive on private property if the public have regular access to it. Even on your own drive if the postman has access to it.
I got a two year ban about ten years ago, i did a drink drive course, got access to their specialist insurers and my insurance was cheaper than before my ban.
If it is normal strength lager with 3 units per pint, then it takes you to 6pm (safe to drive at 4pm).
Note, these are approximations, a lighter person will eliminate alcohol at a much slower rate.
So you only eliminate them once you've stopped drinking then, and you don't lose a unit per hour whilst still consuming?
I'd imagine a fair proportion of drinkers are over the limit then on their way to work based on your figures:o
I'd imagine a fair proportion of drinkers are over the limit then on their way to work based on your figures:o[/QUOTE]
No. How does your liver know you've stopped drinking. It can't decide. It gets on with processing it as soon as it receives alcohol. I'm amazed how many people believe this.
It's not quite so simple. Initially your body will be absorbing alcohol so the level will rise to a peak then begin to tail off. How long the rise and fall take is the hard part to determine as nearly everyone will react differently.
But while you are drinking your alcohol level will be in the rising phase, not the falling phase and is likely to still be rising some time after you stop drinking.
Very likely, That is why police often target sunday morning for random stop and tests, And new years day
People think if they feel fine then they are fine. Not always the case
This is kids right, you do eliminate as you drink but continue once you stop, depending on the units, spirits via beers etc you while steadily excrete.. however as said, numerous factors are in play, which is why sleep is key to eliminating alcohol in the blood, so a big bender then a few hours sleep will leave you well over the limit the next morning...
More info, after the arrest there was no second breath test nor any blood or urine samples given, nor any statement as he collapsed in the policd car and doctors had no permission from him to take a blood sample. How reliable is the road side breathalyser and does it hold up in court?
Please note this person is NOT me. Thanks for the advice plz keep it coming
2 year ban for not providing a blood test. He doesn't need to give permission for a blood test it's a requirement.
He was pissed driving a car and you want to support him
In that instance I'd say a ban is guaranteed.
A jury is well within their right to convict somebody of drink driving even without a breath test if there is enough 'other evidence'.
When it comes to somebody that is intoxicated to the point of loss of consciousness I don't think the CPS would find it hard to build the case, nor would a jury find it hard to convict.
If so he ought to be strung up from the nearest bloody lamp post by his gonads and have his license removed permanently.
As it is he's bound to get a ban. I hope it's as long as possible.
OP - Assuming that your friend was multiple times over the limit, and that he already has a conviction for drink driving, a prison sentence isn't impossible. Though some sort of rehab mandate is more likely - the court will probably force him to attend AA. A 3 year ban and heavy fine is almost certain.
In terms of whether you continue to support him as a friend, that's up to you. Though I would say that if you can help someone change their ways and support them through hard time that's a good thing to do.
^ This is an excellent post, especially the bit in bold.