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Policy Statements - Drink Driving
NEVER drink and drive.
The Road Safety Council of Northern Ireland supports the reduction
of the "legal limit" to 50 miliigrammes (mg) of
alcohol in a sample of 100milllitres (ml) of blood from 80mg
of alcohol per 100ml of blood.
The Problem:
• On average 3,000 people are killed or seriously injured
in the U.K. each year in drink drive collisions and nearly
one in seven of all deaths on the road involve drivers who
are over the legal limit.
• Drinking and driving occurs across a wide range of
age groups but particularly among young men aged 17-24 in
both casualties and positive breath tests.
• Before the Government's drink driving campaigns began
in 1976 there were nearly 2000 people killed each year. The
latest provisional figures, from 2000, show that the number
killed was 520. An estimated 20,000 lives have been saved
in the last 25 years.
The Law:
• The current legal limit is 35 microgrammes of alcohol
in 100 millilitres of breath; 80 milligrammes of alcohol in
100 millilitres of blood; 107 milligrammes of alcohol in 100
millilitres of urine, but there is no failsafe guide as to
how much you can drink and stay under the limit. The amount
and type of alcoholic drink and your weight, sex, age and
metabolism will all play their part.
• Fifty per cent of the alcohol in half a pint of beer
can be in the bloodstream of an average person within 10 minutes,
and all of the alcohol will be absorbed within an hour.
• On a Saturday night out drinking, by midnight you may
have a blood alcohol level of 200mg/100ml. If you get up at
7.30am this will have dropped to around 90mg/100ml and you
will still be over the current legal limit. By midday you
will be down to around 20mg/100ml and under the legal limit
but your driving may still be affected and you could be guilty
of an offence.
• Even a small amount of alcohol will make you a worse
driver. You don't judge speed and distance so well and your
reactions are not as fast. The only safe way is not to
drink if you are driving.
• Drink-drivers are disqualified for a minimum of 12
months and run the risk of a £5,000 fine and six months
in prison.
• Causing death by careless driving while under the influence
of drink or drugs carries maximum penalties often years in
prison, an unlimited fine and a minimum two-year driving ban.
• Being in charge of a vehicle whilst above the legal
limit or unfit through drink could result in 3 months imprisonment
plus a fine of £2,500 and a ban.
If a Driver:
• Offends twice in a 10 year period
• Is more than 2.5 times over the limit
• Refuses a specimen
the following will apply:
• Classification as a High Risk Offender (HRO)
• Requirement to prove that drink related problems have
been overcome before the licence is returned
• A DVLA approved medical examination will be required
(current cost: £70)
• The licence renewal fee will be higher (at £27.50)
Rehabilitation Courses
A disqualification period can be reduced if an approved drugs
and alcohol rehabilitation
course is agreed to.
To be eligible
• Disqualification must have been for at least 12 months
for one of the following reasons:
• Causing death by careless driving while under the influence
of drink or drugs
• Driving or being in charge of a motor vehicle while
under the influence of drink or drugs
• Refusing to provide a specimen
Northern Ireland Office Consultation
- June 2003
9.2 The drink driving offences, and driving while under
the influence of drugs
9.2.1 The Northern Ireland Road Safety Strategy 2002-2012,
issued by the Department of
the Environment in November 2002, identifies drink driving
as a particular concern. 1
9.2.2 There are already special arrangements for high risk
drink driving offenders
available in Great Britain, defined as those with an alcohol
level above 200 milligrams per
100 millilitres of blood, or who offend for a second time
within 10 years, or who refuse to
provide a sample. This is known as the High Risk Offenders
(HRO) Scheme. High risk
offenders are required to take a medical test before regaining
the licence at the end of their
period of disqualification, in order to satisfy the Secretary
of State's advisers that they do not have a serious alcohol
problem. They may therefore be refused a new licence on medical
grounds after the court's order of disqualification has expired.
We invite comments on the
possibility of the introduction of a similar HRO scheme for
Northern Ireland.
9.2.3 Under current provisions (Road Traffic Offenders
(N1) Order 1996) persons convicted of any drink-drive
offence carrying obligatory disqualification are subject to
disqualification for a minimum period of twelve months unless
special reasons apply. The courts currently have discretionary
powers to disqualify where the offender was found to be in
charge of a vehicle whilst under the influence of drink or
drugs rather than actually driving or attempting to drive.
We do not propose any change to the nature of the disqualification
powers of the courts or the current minimum periods for first
time offenders in such cases. Further, we do not believe there
is any reason to change the judge's discretionary power with
regard to the "in charge" offences because the level
of culpability is significantly lower than that involved in
the "drive or attempt to drive" offences.
1 This consultation document does not cover the matter of
the basic level of the drink-drive
offence at 80mg blood alcohol maximum level. DOE has indicated
that it will carry out a
public consultation on this issue as part of the Road Safety
Strategy.
9.2.4 Nevertheless, in view of the substantial change in public
attitudes towards drink driving, and the continuing evidence
of the impact on safety reduced further, there is a strong
case for warning the more serious and repeat offenders that
they face particularly severe punishment. We propose therefore
that those convicted of driving or attempting to drive with
a particularly high level of alcohol be subject to a higher
minimum period of disqualification. The principle that those
convicted of "in charge" offences should not be
subject to obligatory disqualification should also apply in
the case of the new higher level offence. The issue as to
what the appropriate minimum period of disqualification for
the higher level offence should be is one which we do not
make any firm proposal but invite views. The period would
need probably to be at least eighteen months but the threats
to road safety and the potential for serious injury and death
when driving is impaired by high levels of alcohol may justify
a much higher minimum period.
9.2.5 One important consideration, however, is the penalty
for failing to provide a specimen
for analysis where it is required to ascertain the level of
alcohol. Obviously the aims of the
proposal for a higher level of alcohol offence could be easily
frustrated if drivers were able to
avoid liability for the higher level minimum by the simple
expedient of refusing to provide a
sample for analysis. Respondents should therefore bear in
mind that the period of disqualification for the offence of
failing to provide a specimen where it is required to ascertain
the level of alcohol will have to be the same as that determined
to be appropriate
for the higher level offence. There is, in principle, much
to support the view that the "failure to provide"
penalty should be as severe as the worst possible outcome
of a conviction for the charge which is being evaded.
9.2.6 An issue closely related to this is testing for driving
while under the influence of drugs. While alcohol is widely
regarded as the chief threat to road safety, drugs are an
emerging problem. Both illegal and prescription drugs can
also greatly impair a motorist's
driving performance. At present, a roadside screening device
for drugs, similar to the device
used for alcohol, is not available. PSNI have developed dedicated
teams, tasked to address
this issue using tests of co-ordination. However, officers
are unable to oblige suspected
offenders to undergo testing and therefore their effectiveness
is limited to those cases where suspects volunteer to take
the tests. Accordingly, we propose to give the police the
power to require motorists suspected of being impaired due
to drugs to undertake a test of their impairment.
9.2.7 Another important issue will be the relationship between
the penalty for the proposed
offence of driving or attempting to drive while having a higher
level of alcohol and the offence of driving or attempting
to drive whilst unfit through drink or drugs. This latter
offence may be charged in circumstances in which a charge
of failing to provide a specimen would not be appropriate
as, had the offender provided a specimen, the level shown
could have been either low or high. Accordingly it would be
inappropriate to consider replicating the proposals for failing
to provide a specimen and make the minimum period of disqualification
for driving whilst unfit the same as that for the higher level
offence. We believe that reliance can be placed on the courts
to exercise their discretion. This may be achieved with the
assistance of guidelines, in a manner which ensures that,
where the evidence suggests that the offenders ability to
drive safely was seriously impaired, the period of disqualification
imposed (which will continue to be subject to a minimum of
12 months) is comparable to that which would have been imposed
had the offender been shown to have driven whilst being over
the higher level.
9.2.8 As regards repeat offending, all drink-drive offences
(including failing to provide a
specimen where required for ascertaining the level of alcohol
or whether the provider is unfit
to drive) which attract obligatory disqualification (i.e.
excluding the "being in charge
offences") now carry a minimum period of disqualification
of three years upon a second
conviction within ten years (Road Traffic Offenders (Nl)
Order 1996). We make no proposal to increase the minimum
period in these circumstances but will consider any views
as to whether an increase is favoured and what the appropriate
period might be. As to the higher level alcohol offence, repeat
offending would also need to attract a higher minimum period
of disqualification.
Proposal 12 A new penalty for a "higher level of alcohol"
This penalty might, for example, apply at 160 milligrams
alcohol per 100 millilitres of blood (a figure which represents
twice the current basic level - though this could be re-evaluated
in light of the above proposal). This offence would apply
in respect of driving or attempting to drive with this much
higher level of excess alcohol, or being in charge of a vehicle
with such a level of excess alcohol. The maximum penalty for
the new "higher level of alcohol" offence would
be the same as for the basic offence. But the minimum period
of disqualification applying to the "drive and attempt
to drive" offence would be longer than the basic offence.
We invite views on the appropriate periods of disqualification.
Disqualification would remain at the discretion of the court
for the "in charge" offence and the minimum of 12
months would continue to apply for driving or attempting to
drive whilst unfit. Permanent or temporary forfeiture of the
vehicle would also be available, though temporary forfeiture
is unlikely to be appropriate for a substantial period of
disqualification. Offenders convicted of the new offence would
always be required to undertake an extended retest before
regaining their licence.
Resource implications of proposal 12: The resource
implications of this proposal will
be assessed once a firm recommendation for the appropriate
minimum period of
disqualification is made following consultation.
Proposal 13 Repeat drink-drive offending
For any second drink-drive offence within 10 years, disqualification,
where applicable, should
at least remain at the current minimum period of three years
but could be increased.
We invite views on this issue. The second drink-drive offence
within 10 years would also
result in a requirement to undertake an extended retest, in
place of an ordinary re-test,
before the driving licence could be regained. These penalties
would apply in respect of any combination of offences under
sections 15(1), 16(1)(a) and 18 (where the sample is required
to ascertain the level of alcohol or fitness to drive) of
the Road Traffic (Nl) Order 1995 - e.g. one drink and one
drug offence within this category would trigger the minimum
penalty. We propose that two convictions for drink-drive offences
within ten years, in which one or both of the offences is
a higher level offence or failing to provide a specimen where
disqualification is obligatory, should attract a minimum period
of disqualification in excess of
that applying to repeat commission of basic offences (currently
three years).
Resource implications of proposal 13; The resource implications
of this proposal can
only be properly assessed once a firm recommendation for the
appropriate minimum
period of disqualification is made following consultation.
This proposal will have a
minimal effect on the workload of the Criminal Justice system.
Our Advice:
NEVER drink and drive.
If going out in a group, take turns to drive, if no other
reliable form of transport is available.
"Nominate" a driver. This may entitle the driver
to reduced cost or even free non-alcoholic
drinks for the evening.
Use your local taxi service. A discount may apply for those
services having signed up to our
scheme.
Beware the morning after....in the information shown
above, it takes quite some time for
alcohol to leave the bloodstream. Avoid drinking into the
small hours of the morning as this
will decrease the time available for your body to process
alcohol in the blood. Obviously
individuals will differ to tolerance and ability to filter
the body's system. If in any doubt
arrange a lift to work, take public transport or even have
booked the day off in advance.
Don't take a risk....you will get caught.
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