If you are stopped by the police while driving, the process will depend on whether the police suspect you of an offence such as drug or drink driving, and the circumstances under which you are stopped. The police can stop any vehicle at their discretion, even without a specific reason, and you are legally required to pull over when signalled.
They may ask for your name and address, and to look at your driving licence. Failing to comply without a reasonable excuse can lead to penalties even at this stage, so it is important to cooperate fully if you are stopped.
If the police suspect you of drink driving, they may request a roadside breath test. This is more likely to happen if:
- The police smell alcohol on your breath.
- The police stop you because they have noticed you driving erratically.
- You have been involved in an accident.
- You have committed another driving offence.
The officer will ask you to blow into a handheld breathalyser. This provides an initial reading of your blood alcohol concentration (BAC). If you pass - meaning that your BAC is below the drink driving limit of 35 micrograms per 100 millilitres of breath - you will typically be allowed to continue your journey, unless there are other concerns.
If you fail, you will usually be arrested and taken to a police station for further testing. Here, you will be asked to provide a more accurate evidential breath, blood, or urine sample. If you refuse to submit to a breath, blood or urine test, this is a separate offence called 'failing to provide a specimen', which may result in an additional charge for which the penalties are as harsh as those for driving under the influence, if not more so. On the other hand, if you have a medical condition that might affect your ability to provide a sample, you should inform the police immediately.
When follow-up tests confirm that you are over the limit, you will usually be charged with drink driving. The police must take two samples from you and provide you with one, which you can give to an independent laboratory for testing if you choose. If they fail to do so, this is sometimes a basis for your charge to be defended or overturned.
You may be released on bail after you are charged and required to attend court at a later date. Alternatively, you may be held in custody, depending on the circumstances. It's important to know that you have a right to speak to a solicitor and seek legal advice after you're caught drink driving or charged with an offence. You should do this at your earliest opportunity if you are arrested, so that the team at Switalskis can start to build your drink driving defence straight away. Much of your case will depend on the evidence provided by the prosecution and, by getting your solicitor involved early, there may be opportunities to challenge the evidence and start building your defence.