Drink Driving in UK Law

First, the offence of driving while over the legal limit is not an offence which requires the court to ascertain the intent of the accused at all. Conviction follows after a scientific test which is intended to be as exact as possible. Thirdly, it is the accused himself who, by drinking after the event, defeats the aim of the legislature by doing something which makes the scientific test potentially unreliable.

I have pointed out earlier in this judgment that the basis of the defence of public interest in a breach of confidence action cannot be the same as the basis of such defence to an action for infringement of copyright. In an action for breach of confidence the foundation of the action can fall away if that is required in the public interest, but that can never happen in a copyright action.

That, to my mind, means this – that if there happens to be a solicitor in the charge office whom the suspect says that he wants to consult for a couple of minutes before deciding whether or not to provide specimens of breath he must be allowed to do so. Similarly, if the suspect asks at that stage to speak on the telephone for a couple of minutes to his own solicitor or the duty solicitor, and the solicitor in question is immediately available.

In our judgment no excuse can be adjudged a reasonable one unless the person from whom the specimen is required is physically or mentally unable to provide it or the provision of the specimen would entail a substantial risk to his health. In our judgment no excuse can be adjudged a reasonable one unless the person from whom the specimen is required is physically or mentally unable to provide it or the provision of the specimen would entail a substantial risk to his health.

It is evident that the power of the police to require information to be given as to the identity of the driver of a vehicle only arises where the driver is alleged to be guilty of an offence to which the section applies.

We have not, so far, mentioned the level of sentencing in cases of causing death by careless driving when under the influence of drink. The Panel have not advised that such cases should form a separate category. The driving may not not exhibit the aggravating factors set out in (a) to (i) of paragraph 14 of the Panel's Advice. In some cases, the only aggravating factor will be the amount of alcohol consumed. There may be previous motoring convictions.